no appropriation had been made therefor.-Ep- person v. Howell, 154 P. 621.
131 (Idaho) An "appropriation," within Const. art. 7, § 13, is authority from the Legis- lature, expressly given in legal form to the proper officers, to pay from the public moneys a specified sum and no more, for a specified pur- pose and no other.-Epperson v. Howell, 154 P. 621.
132 (Kan.) An appropriation made to re- imburse a former employé in the state grain department for traveling expenses held within the legislative power, and to leave no duty to the auditor of state, excepting the ministerial one of executing the legislative will.-Hicks v. Davis, 154 P. 1030.
1682 (Or.) Plaintiff held entitled to main- tain suit to enjoin enforcement of Workmen's Compensation Act, on ground that he was a taxpayer of the state, and that the alleged un- lawful expenditure of money appropriated by the state thereunder would increase his financial burden.-Evanhoff v. State Industrial Acc. Com- mission, 154 P. 106.
For statutes relating to particular subjects, see the various specific topics.
I. ENACTMENT, REQUISITES, AND VALIDITY IN GENERAL.
15 (Or.) Const. art. 4, § 19, requiring bills to be read by sections on three several days, in each house, does not require the whole of a bill, as amended during its progress through the Leg- islature, to be so read.-Evanhoff v. State In- dustrial Acc. Commission, 154 P. 106.
16 (Kan.) Laws 1913, c. 124, relative to issuance of additional city waterworks bonds, held not violative of Const. art. 2, § 20, pro- viding that no law shall be enacted except by bill, because an amendment to the bill by the addition of an enacting clause was made by resolution.-Hartzler v. City of Goodland, 154 P. 265.
352 (Okl.) Where the Governor's procla- mation calling an initiative and referendum elec- tion on a state question was filed with the secre- tary of state, held, that this was a sufficient publication.-Ex parte Smith, 154 P. 521.
The purpose of Rev. Laws 1910, §§ 3384, 3401, is to place in the hands of every voter the text of the proposition to be voted on, with a copy of the official ballot and arguments for and against the proposition, that he may cast an in- telligent ballot thereon.-Id.
A substantial compliance with the procedure prescribed for elections under the initiative and referendum is essential, notwithstanding Rev. from failure to substantially comply with sec- Laws 1910, § 3393, and where it appears that
tion 3384 a number of voters sufficient to have changed the result have been deprived of their right to vote, the election is invalid.-Id.
The initiative and referendum election held on August 4, 1914, on state question No._62, held invalid, where the requirements of Rev. Laws 1910, § 3384, as to distribution of pam-
phlets containing the measure to be voted on, etc., were not substantially complied with.-Id. That one member of the state election board absented himself from the session, and the re- maining members completed the canvass of the returns of an initiative and referendum elec- tion on a state question and certified the result to the Governor, held not to invalidate the ac- tion of the board.-Id.
Under Const. art. 5, § 3 (Williams' Const. § 53) the filing of a referendum petition referring to the people an act of the Legislature suspends the operation of the act until it shall have been approved by a majority of the vote cast at an election held thereon.-Id.
that every act embrace but one subject, to be expressed in its title.-Evanhoff v. State Indus- trial Acc. Commission, 154 P. 106.
114 (Utah) Laws 1907, c. 88, defining the practice of medicine, prescribing the qualifica- tions of practitioners, requiring a license to practice, etc., held not violative of Const. art. 6, § 23, requiring that the subject of an act son, 154 P. 948. be clearly expressed in its title.-State v. Erick-
119 (Or.) Workmen's Compensation Act, creating State Industrial Accident Commission of three members for terms of four years at annual salary of $3,600 payable out of accident fund, held not in conflict with Const. art. 9, § providing that laws, appropriating for sala- ries of public officers and current expenses of state, shall relate to no other subject.-Evan- off State Industrial Acc. Commission, 154
64 (Idaho) The invalidity of part of an act invalidates the whole, where it appears that the various parts are connected in subject-matter, dependent on each other, and designed for the same purpose, and are so dependent in meaning that it cannot be presumed that the Legislature would have passed one without the other.-Ep-120 (Kan.) Laws 1913, c. 124, relative to person v. Howell, 154 P. 621. issuance of additional city waterworks bonds, held not violative of Const. art. 2, § 16, relative to title and subject-matter of statutes.-Hartz- ler v. City of Goodland, 154 P. 265.
The invalidity of Sess. Laws 1915, c. 27, §§ 12, 14, 15, providing for the diverting of state tax money by payment of same by the counties to those engaged in emergency employment, held to invalidate the entire chapter.-Id.
121 (Or.) Under Laws 1913, c. 278, en- titled an act "to regulate the business of loan- ing money or credit by persons, firms, and cor- un-porations other than National banks, licensed bankers," etc., the requirement of a license from the state banking board held germane to the title.-State v. Ware, 154 P. 905.
64 (Kan.) Laws 1911, c. 263, authorizing tax levy to aid county high schools, held not constitutional as a whole, regardless of the con- stitutionality of sections 5 and 12, which at- tempt to limit the operation of the act by ex- cluding therefrom certain counties.-State v. Hilty, 154 P. 214.
64 (Or.) Where part of a statute is valid and conforms to the obvious intent, but a later section is repugnant and void, the statute is void only as to that section.-Peterson v. Lewis, 154 P. 101.
II. GENERAL AND SPECIAL OR CAL LAWS.
123 (Cal.) Where title of reclamation act * was "An act creating a reclamation district, control thereof, providing for the management and ing levee held sufficiently expressed.-Reclama- a provision for build- tion Dist. No. 1500 v. Superior Court in and for Sutter County, 154 P. 845. LO-123 (N.M.) Drainage Act (Laws 1912, c. 84) § 82, now Code 1915, § 1958, giving the right of eminent domain, held not violative of Const. art 4, § 16, prohibiting more than one subject in a bill.-In re Dexter-Greerfield Drainage Dist., 154 P. 382.
74 (Kan.) Laws 1913, c. 124, relative to is- suance of additional city waterworks bonds, held not violative of Const. art. 2, § 17, requiring that laws be of uniform operation, though ap- plying only to cities within a certain classifica-125 (Okl.) The title of Laws 1915, c. 174, tion.-Hartzler v. City of Goodland, 154 P. 265. creating the state insurance board and defining brace the provisions of the act.-Insurance Co. its powers, held sufficiently comprehensive to em- of North America v. Welch, 154 P. 48.
85 (Cal.) Act May 1, 1911 (St. 1911, P. 1313), amending Code Civ. Proc. § 1183, to re- quire a contractor's bond securing materialmen and laborers as a condition to the owner's ex- emption from liability thereto in an amount in excess of the contract price, is not uncon- stitutional as class legislation.-Roystone Co. v. Darling, 154 P. 15.
95 (Wash.) Rem. & Bal. Code, § 9098, as amended by Sess. Laws 1913, p. 351, exempting from taxation all property of Young Men's Christian Associations used for religious pur- poses, is violative of Const. art. 7, § 2, provid- ing that the Legislature may exempt property from taxation by general laws.-Young Men's Christian Ass'n of Seattle v. Parish, 154 P. 785.
III. SUBJECTS AND TITLES OF ACTS. 105 (Cal.) Const. art. 4, § 24, providing that act shall embrace single subject which shall be expressed in title, is to be liberally construed to effect its object of preventing acts with de- ceitful and misleading titles.-Reclamation Dist. No. 1500 y. Superior Court in and for Sutter County, 154 P. 845.
107 (Cal.) If St. 1909, p. 87, entitled "An act to define and regulate the business of bank- ing," by section 136 authorizes the superintend- ent of banks to enforce the stockholder's liabil- ity to creditors under Const. art. 12, § 3, it is violative of Const. art. 4, § 24, requiring that acts embrace a single subject, expressed in the title.-Williams v. Carver, 154 P. 472.
114 (Or.) Workmen's Compensation Act, held not to violate constitutional requirement
125 (Or.) Under Laws 1913, p. 663, pro- viding the duties of the state highway engineer, and Laws 1915, p. 537, abolishing that office and transferring its duties to the state engineer, is void in part under Const. art. 4, § 20, for repugnancy of its provisions to its title.-Peter- son v. Lewis, 154 P. 101.
IV. AMENDMENT, REVISION, AND
130 (Kan.) An amendatory act must con- form to Const. art. 2, § 16.-Hicks v. Davis, 154 P. 1030.
141 (Kan.) Laws 1915, c. 14, which at- tempts to repeal Laws 1913, c. 61, § 1, item 106, making an appropriation, held void as failing to comply with Const. art. 2, § 16, re- quiring the amended section to be set out in full.-Hicks v. Davis, 154 P. 1030.
V. REPEAL, SUSPENSION, EXPIRA- TION, AND REVIVAL.
150 [New, vol. 2 Key-No. Series] (Kan.) A repealing act must conform to Const. art. 2, § 16.-Hicks v. Davis, 154 P. 1030.
161 (Cal.) Where there is an apparent con- flict between two statutes touching the same subject, they should be construed, if possible, to give force and effect to each, as the law does not favor repeals by implication.-Williams v. Carver, 154 P. 472.
161 (Idaho) Where an act is sought to be 207 (Okl.) There is no conflict between dif- amended by two acts passed at the same session ferent provisions of a statute. if there is a rea- of a subsequent Legislature and the two amend-sonable meaning of the words used, consider- atory acts are in irreconcilable conflict with ing the manner of their use, which will bring each other, but the later can be reconciled with them into harmony.-Sackett v. Rose, 154 P. the original act, the first amendatory act will 1177.
be deemed substituted by the other.-Buck v.219 (Okl.) The construction placed on stat- Board of Trustees of St. Maries Independent utes by officers charged with the enforcement School Dist. No. 1, in Benewah County, 154 P. thereof at or near the time of their enactment, 372. and which has long been acquiesced in, is a 161 (Okl.) Statutes relating to the same just medium for their judicial interpretation. subject and enacted at the same session should-Hunter v. State, 154 P. 545. be construed together to give effect to each, rather than to infer that one destroys the other. -Hunter v. State, 154 P. 545.
225 (Mont.) Rev. Codes, §§ 6838, 6839, as to redemption, though enacted at different times, held to be considered as enacted at the same time and interdependent.-Hamilton v. Hamilton, 154 P. 717.
226 (Mont.) When a statute is adopted from another state the language of which has been construed by the court of last resort of that state, the construction is also adopted.-Hamil- ton v. Hamilton, 154 P. 717.
§§ 4290, 4300b, 4300c.... 871
1913, ch. 84, § 2. 493 1913, ch. 112, § 1. 629 1913, ch. 124 995 1913, ch. 124,
1913, p. 1490......839, 871
1903, pp. 380, 383, 384, §§
1909, p. 87, § 15. Amend-
1915, ch. 27, §§ 12, 14, 15.. 621
1911 (Ex. Sess.) p. 52, §
Bill of Rights, §§ 2, 19...1030
1913, p. 283, § 12a, subsec.
1915, pp. 157, 161, §§ 60,
CODE OF CIVIL PROCE- CODE OF CRIMINAL PRO-
$$ 7196, 7216, 7218, 7221, 7222
378 1911, ch. 165, § 1. 982 1911, ch. 175. 626 1911, ch. 238, § 21. 972 1911, ch. 238, § 39. 626 1911, ch. 263.
1911, ch. 263, §§ 5, 972 12 495 1913, ch. 61, § 1, 982 106
905 $6604-1 et seq.. . . . . . .
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