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
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.
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,
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)
§ 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
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-
(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.
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.
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