The Pacific Reporter

SODOMY.

See Criminal Law, 507, 511.

SPECIAL INDORSEMENT.

See Bills and Notes, 171, 342, 346.
SPECIFIC PERFORMANCE.
I. NATURE AND GROUNDS OF
EDY IN GENERAL.

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.
REM-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.

4 (Wash.) Plaintiff may not have specific
performance of defendant's contract to buy
stock and deliver a note in payment, but it is
a case for damages only.-Templeton v. War-
ner, 154 P. 1081.

II. CONTRACTS ENFORCEABLE.

25 (Or.) To entitle plaintiff to specific per-
formance of a contract to sell land, it is nec-
essary for him to clearly prove a valid contract

between himself and defendant.-Carlson v.
O'Connor, 154 P. 755.

For statutes relating to particular subjects, see
the various specific topics.

1. 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

See Adverse Possession, 7; Constitutional P. 265.
Law. 26; Counties, 43; Highways,
96 Insurance, 3, 4; Public Lands,352 (Okl.) Where the Governor's procla-
mation calling an initiative and referendum elec-
~185.
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.

III. PROPERTY, CONTRACTS, AND

LIABILITIES.

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, that every act embrace but one subject, to be
etc., were not substantially complied with.-Id. expressed in its title.-Evanhoff v. State Indus-
That one member of the state election board trial Acc. Commission, 154 P. 106.
absented himself from the session, and the re-14 (Utah) Laws 1907, c. 88, defining the
maining members completed the canvass of the practice of medicine, prescribing the qualifica-
returns of an initiative and referendum elections of practitioners, requiring a license to
tion on a state question and certified the result practice, etc., held not violative of Const. art.
to the Governor, held not to invalidate the ac- 6, § 23, requiring that the subject of an act
tion of the board.-Id.
be clearly expressed in its title.-State v. Erick-
son, 154 P. 948.

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.

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
64 (Idaho) The invalidity of part of an act fund, held not in conflict with Const. art. 9, §
invalidates the whole, where it appears that the providing that laws, appropriating for sala-
various parts are connected in subject-matter, ries of public officers and current expenses of
dependent on each other, and designed for the state, shall relate to no other subject.-Evan-
same purpose, and are so dependent in meaning off v. State Industrial Acc. Commission, 154
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.

P. 106.

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 121 (Or.) Under Laws 1913, c. 278, en-
to invalidate the entire chapter.-Id.

64 (Kan.) Laws 1911, c. 263, authorizing
tax levy to aid county high schools, held not un-
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.

titled an act "to regulate the business of loan-
ing money or credit by persons, firms, and cor-
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.

II. GENERAL AND SPECIAL OR LO-123 (N.M.) Drainage Act (Laws 1912, c. 84)

CAL LAWS.

§ 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
its powers, held sufficiently comprehensive to em-
85 (Cal.) Act May 1, 1911 (St. 1911, p. brace the provisions of the act.-Insurance Co.
1313), amending Code Civ. Proc. § 1183, to re- of North America v. Welch, 154 P. 48.
quire a contractor's bond securing materialmen
and laborers as a condition to the owner's ex-125 (Or.) Under Laws 1913, p. 663, pro-
emption from liability thereto in an amount viding the duties of the state highway engineer,
in excess of the contract price, is not uncon-
and Laws 1915, p. 537, abolishing that office
stitutional as class legislation.-Roystone Co. v. and transferring its duties to the state engineer,
Darling, 154 P. 15.
is void in part under Const. art. 4, § 20, for
repugnancy of its provisions to its title.-Peter-
son v. Lewis, 154 P. 101.

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 v. Superior Court in and for Sutter
County, 154 P. 845.

IV. AMENDMENT, REVISION, AND

CODIFICATION.

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.

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 161 (Cal.) Where there is an apparent con-
is violative of Const. art. 4, § 24, requiring that flict between two statutes touching the same
acts embrace a single subject, expressed in the subject, they should be construed, if possible,
title.-Williams v. Carver, 154 P. 472
to give force and effect to each, as the law does
not favor repeals by implication.-Williams v.
Carver, 154 P. 472.

114 (Or.) Workmen's Compensation Act,
held not to violate constitutional requirement

207 (Okl.) There is no conflict between dif-
ferent provisions of a statute. if there is a rea-
sonable meaning of the words used, consider-
ing the manner of their use, which will bring
them into harmony.-Sackett v. Rose, 154 P.

161 (Idaho) Where an act is sought to be
amended by two acts passed at the same session
of a subsequent Legislature and the two amend-
atory acts are in irreconcilable conflict with
each other, but the later can be reconciled with
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,225 (Mont.) Rev. Codes, §§ 6838, 6839, as
rather than to infer that one destroys the other.
to redemption, though enacted at different times,
-Hunter v. State, 154 P. 545.
held to be considered as enacted at the same
time and interdependent.-Hamilton v. Hamilton,
154 P. 717.

VI. CONSTRUCTION AND OPERA-

TION.

(A) General Rules of Construction.
181 (Or.) Statutes must be so construed as
to effectuate the intention of the Legislature.
-Peterson v. Lewis, 154 P. 101.

UNITED STATES.

CONSTITUTION.

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.