Слике страница
PDF
ePub

ARTICLE 3.-DISTRIBUTION OF POWERS.

SEC.

96. Departments of government.

96. Departments of government.

The act of 1899, providing for a board of dental examiners, and empowering the stat dental association to appoint some of the members of such board, does not conflict witt article 3 of the constitution dividing the powers of government into three departments and limiting the powers of each department. Overshiner v. State, 156 Ind. 187.

The act of 1901, sections 4346-4346d, Burns' R. S. 1901, conferring judicial powers upon town clerks, does not conflict with article 3 of the constitution creating three departments of government and restricting the powers of each department. Baltimore R. R. Co. v. Town of Whiting, 161 Ind. 228.

Section 6990, Burns' R. S. 1901, authorizing justices of the peace on declaring persons insane to appoint some person to take charge of the insane person, does not confer administrative power upon judicial officers, and is not in conflict with article 3 of the constitution restricting the powers of each department of government. Board v. Moore, 161 Ind. 426.

ARTICLE 4.-LEGISLATIVE.

SEC.

97. The general assembly.

101. Apportionment of representation. 115. Subject matter and title.

117.

Amendment of acts.

SEC.
118.
119.

124.

Local or special laws.
Laws must be general.
Publication of statutes.

97. General assembly, legislative authority.

The statute, section 6711 et seq., Burns' R. S. 1901, conferring power upon the state board of health to adopt rules to prevent the spread of contagious and infectious diseases, does not violate section 1 of art. 4 of the constitution which confers all legislative authority upon the general assembly. Blue v. Beach, 155 Ind. 121; State v. Beil, 157 Ind. 25.

The act of 1899, sections 2157a, 2157b, Burns' R. S. 1901, conferring upon the state board of health power to adopt rules in reference to the adulteration of drugs and foods, and to define the standard of foods and drugs, is not a delegation of legislative power to such board. Isenhour v. State, 157 Ind. 517.

101. Apportionment of representation.

The act of 1903, Acts 1903, p. 358, apportioning senators and representatives is in violation of sections 5 and 6 of article 4 of the constitution and is void. Brooks v. State, 162 Ind. 568.

A legal voter of the state at the time of the enumeration of the male inhabitants of the state is taken as required by the constitution, may sue to test the legality of a statute apportioning senators and representatives under such enumeration, although the wrongs complained of do not exist in the senatorial or representative district of such voter. Brooks v. State, 162 Ind. 568.

115. Subject matter and title.

The title to an act will sufficiently conform to the commands of the constitution if it be so framed and worded as fairly to apprise the legislators, and the public in general, of the subject-matter of the legislation, so as reasonably to lead to an inquiry into the body of the bill. Maule Coal Co. v. Partenheimer, 155 Ind. 100.

If the title to an act covers a general subject, it need not go further and mention all the matters that are germane to such subject, nor is it necessary that details be mentioned in the title to an act. Clarke v. Darr, 156 Ind. 692; State v. Bailey, 157 Ind. 324; Isenhour v. State, 157 Ind. 517; Parks v. State, 159 Ind. 211; Republic Iron Co. v. State, 160 Ind. 379; Baltimore R. R. Co. v. Town of Whiting, 161 Ind. 228.

The act of 1901, sections 7231a-7231i, Burns' R. S. 1901, requiring transient merchants doing business in this state to obtain a license, does not violate the provision of the constitution requiring each act to embrace but one subject. Levy v. State, 161. Ind. 251.

Section 3 of the act of 1899, section 4875c, Burns' R. S. 1901, authorizing the auditor of state to examine the business of special charter insurance companies transacting business in this state, is not covered by the title to such act and such section is void. State v. Commercial Ins. Co. 158 Ind. 680.

The title to the act of 1899, section 7076 et seq., Burns' R. S. 1901, for the protec tion of discharged employes, does not cover the provisions of section 2 of such act relating to the blacklisting of employes who voluntarily leave the service of the employer. Wabash R. R. Co. v. Young, 162 Ind. 102.

The title to the act of 1899, section 7059, Burns' R. S. 1901, requiring the weekly payment of wages to laborers, is a sufficient compliance with the constitutional provision on that subject. Republic Iron Co. v. State, 160 Ind. 379.

The title to the act of 1901, sections 4346-4346d, Burns' R. S. 1901, concerning town officers, is sufficient to cover the provisions of the act conferring judicial powers on clerks of towns. Baltimore R. R. Co. v. Town of Whiting, 161 Ind. 228.

The act of 1891, section 7461 et seq., Burns' R. S. 1901, regulating the operation of coal mines and providing for the recovery of damages for the death of employes, does not violate the provisions of the constitution requiring every act to embrace but one subject and that such subject shall be expressed in the title. Maule Coal Co. v. Partenheimer, 155 Ind. 100.

The title of the act of 1897, sections 4463a-4463j, Burns' R. S. 1901, relating to building associations, is broad enough to cover section 10 of such act providing for the appointment of receivers for foreign associations, and such section is relevant to the general subject covered by such act. Clarke v. Darr, 156 Ind. 692.

The title of the act of 1899, Acts 1899, p. 547, concerning the compulsory education of children, is broad enough to cover all the provisions of such act. State v. Bailey, 157 Ind. 324.

The title of the act of 1899, sections 2157a, 2157b, Burns' R. S. 1901, conferring powers upon the state board of health as to the adulteration of foods and drugs, and providing penalties for a violation thereof, complies with the provisions of the constitution as to the subject and title of acts. Isenhour v. State, 157 Ind. 517.

The title of the act of 1885, section 7856, Burns' R. S. 1901, amending the statute allowing a party to appeal from the decisions of county commissioners disallowing claims, or to bring an original action against the county, sufficiently complies with the constitutional provision as to titles to acts. Weatherhogg v. Board, 158 Ind. 14.

If the subject of an act is to create a court and such subject is expressed in the title to the act, a provision in the act to provide a place to hold the court is embraced in such title. Swartz v. Board, 158 Ind. 141.

The title of the act of 1901, amending the act regulating the licensing of physicians, sufficiently complies with the provision of the constitution as to titles to acts. Parks v. State, 159 Ind. 211.

The title to the act of 1901, section 7448a, Burns' R. S. 1901, regulating the issuing of checks to laborers in payment for wages, is not as broad as the subject matter of the act, and when such act is restricted to the persons mentioned in the title it becomes class legislation and is void. Dixon v. Poe, 159 Ind. 492.

The title to the act of 1903, Acts 1903, p. 255, concerning gravel and macadamized roads, is sufficient to include the provisions for the laying out of and construction of new roads. Bowlin v. Cochran, 161 Ind. 486.

117. Amendment of acts.

In the amendment of a statute two things are required by the constitution: (1) The title of the act to be amended should be referred to by setting the same out in the title to the amendatory act; and (2) the section as amended should be set forth and published at full length. Mankin v. Pennsylvania Co. 160 Ind. 447; Hendershot v. State, 162 Ind. 69.

The provision of the constitution providing how acts shall be amended, has no appli cation to independent statutes. Pittsburg Ry. Co. v. Lightheiser, 163 Ind. 247.

The title to the act of 1891, attempting to amend section 534, Burns' R. S. 1901, relating to struck juries, does not properly refer to the section to be amended and such amending act is invalid. Mankin v. Pennsylvania Co. 160 Ind. 447.

The act of 1899, section 6715 et seq., Burns' R. S. 1901, purporting to amend several sections of the act of 1891, concerning boards of health, is invalid because of the omission in the title of the amending act of a material portion of the title of the act sought to be amended. Hendershot v. State, 162 Ind. 69.

The act of 1885, section 7856, Burns' R. S. 1901, amending the act relating to appeals, or the bringing of suits against counties, when claims are disallowed, sufficiently identifies the act amended. Weatherhogg v. Board, 158 Ind. 14.

118. Local or special laws.

When the subject-matter of legislation does not fall within any of the clauses of section 22 of article 4 of the constitution, it is for the legislature alone to determine whether a statute can be made of general application throughout the state or not. Smith v. Indianapolis St. Ry. Co. 158 Ind. 425.

The act of March, 1871, authorizing the organization of a board of school commissioners in cities of 30,000 or more inhabitants according to the census of 1870, is in violation of the provision of the constitution prohibiting the passage of local laws providing for the support of common schools. Campbell v. City of Indianapolis, 155 Ind. 186.

The act of 1899, section 3904x et seq., Burns' R. S. 1901, concerning schools in cities of 100,000, is not in conflict with the provision of the constitution prohibiting the passage of local laws as to schools, as such act will apply to all cities containing 100,000 inhabitants, as may be shown by the last United States census. Campbell v. City of Indianapolis, 155 Ind. 186.

The provision of the act of 1895, Acts 1895, p. 217, relating to the removal of the county seat of Jackson county and the levy of a tax on the property in the township where the county seat may be relocated to provide funds to erect county buildings, is in violation of the provision of the constitution prohibiting the passage of local laws for the assessment and collection of taxes for state, county, township, or road purposes. Board v. State, 155 Ind. 604.

The act of 1899, Acts 1899, p. 210, providing for the removal of the county seat of Newton county, and the erection of county buildings, is in conflict with the provisions of the constitution prohibiting the passage of local or special laws regulating county business. Board v. State, 161 Ind. 616.

The act of 1899, Acts 1899, p. 422, and the act of 1901, Acts 1901, p. 283, concerning the issuing of bonds for the improvement of highways, and legalizing the proceedings of commissioners of Owen county relative to the construction of gravel roads, are in violation of the constitution prohibiting the passage of local laws. Board v. Spangler, 159 Ind. 575.

The act of 1903, Acts 1903, p. 347, providing that school corporations in cities or towns having a population of not more than 4,545 nor less than 4,540, according to the last census, may issue bonds to an amount specified, is in violation of the constitutional provision prohibiting the passage of local or special laws relating to common schools. School City v. Hayes, 162 Ind. 193.

An act which regulates the granting of franchises to street railroad companies by cities of a designated number of inhabitants, does not fall within any of the provisions of the constitution prohibiting the passage of local or special laws, and the legislature alone is to determine whether a general law can be made applicable in such cases. Smith v. Indianapolis St. Ry. Co. 158 Ind. 425.

The act of 1899, section 8417a et seq., Burns' R. S. 1901, permitting a deduction of $700 of mortgage indebtedness from the assessed value of real estate for the purpose of taxation, is not in violation of the constitutional provision prohibiting the passage of local or special laws. State v. Smith, 158 Ind. 543.

Section 359a, Burns' R. S. 1901, concerning pleading and practice in actions for personal injuries or death caused by negligence, is not in violation of the constitu tional provision against the passage of local laws. Indianapolis Ry. Co. v. Robinson, 157 Ind. 232; Citizens' R. R. Co. v. Jolly, 161 Ind. 80.

The act of 1901, sections 7231a-7231i, Burns' R. S. 1901, requiring transient merchants to obtain a license, is not in conflict with the provisions of the constitution prohibiting the passage of local or special laws. Levy v. State, 161 Ind. 251.

The act of 1901, sections 3312b-3312f, Burns' R. S. 1901, regulating express companies, is not in violation of the constitutional provision prohibiting the passage of local or special laws. Adams Ex. Co. v. State, 161 Ind. 328.

119. Laws must be general.

Whenever the subject-matter of legislation does not fall within any of the provisions of section 22 of article 4 of the constitution, the legislature alone must determine whether a statute upon any subject can be made to operate generally throughout the state. Smith v. Indianapolis St. Ry. Co. 158 Ind. 425.

124.

Publication of statutes.

An act will take effect from the date of the proclamation of the governor as to the filing the statutes in all the counties of the state, although some provisions of the act may, by the terms thereof, not be fully operative until a later period. State v. Indiana Board, 155 Ind. 414.

The legislature has power to fix and determine at what time an act shall take effect. State v. Berghoff, 158 Ind. 349.

SEC. 143.

ARTICLE 5.-EXECUTIVE.

SEC.

144. Vacancies in office.

Pardons and reprieves.

143. Pardons and reprieves.

The terms "reprieves, commutations, and pardons, after conviction," as used in the constitution conferring upon the governor the power to grant reprieves, commutations, and pardons, do not apply to the release of judgments in civil actions. Western Union Co. v. Ferguson, 157 Ind. 37.

144. Vacancies in office.

The legislature may create an office and postpone the time for the beginning of the term thereof until after the next election shall be had, and thereby create a vacancy in the office which the governor will be authorized to fill by appointment. State v. Berghoff, 158 Ind. 349.

SEC. 152.

The power conferred by the act of 1899 upon the state dental association to appoint a portion of the members of the board of dental examiners, does not conflict with the provision of the constitution conferring upon the governor power to fill vacancies iu office. Overshiner v. State, 156 Ind. 187.

ARTICLE 6.—ADMINISTRATIVE.

Terms of county officers.

152. Terms of county officers.

When the terms of county officers are fixed by the constitution, and such terms will end before the time fixed by the constitution for holding a general election, the legislature can not postpone the time for the election of such officers beyond the first general election to be held after the expiration of their terms. Gemmer v. State, 163 Ind. 150.

ARTICLE 7.— JUDICIAL.

ART.

161. Judicial powers.

164. Supreme court, jurisdiction.

ᎪᎡᎢ .

181. Lawyers, practice of law.

161. Judicial powers.

The act of 1901, sections 4346-4346d, Burns' R. S. 1901, conferring judicial powers upon town clerks, is not in conflict with any constitutional provision, and such act constitutes the clerk of a town a court, Baltimore R. R. Co. v. Town of Whiting, 161 Ind. 228.

The statute conferring upon voters the power to defeat an application for a license to sell liquors by the requisite number of voters signing and filing a remonstrance, does not confer judicial powers upon such voters. Hoop v. Affleck, 162 Ind. 564.

164. Supreme court, jurisdiction.

The creation of a supreme court by the constitution implies that the right of appeal shall exist in some cases, and the legislature can not wholly deprive such court of its appellate jurisdiction, but such jurisdiction may be either enlarged or decreased. Lake Erie Ry. Co. v. Watkins, 157 Ind. 600.

181. Lawyers, practice of law.

Every person who is shown to be a person of good moral character and a voter of a county is entitled to be admitted to practice law. The attempt to amend the constitutional provision on this subject in 1900 being unsuccessful. In re Denny, 156 Ind. 104.

« ПретходнаНастави »