CHAPTER IV. CONSTITUTIONAL REQUIREMENT THAT NO ACT EMBRACE MORE THAN ONE SUBJECT AND THAT IT BE EXPRESSED IN THE TITLE. § 109 (76). Substantial agreement of constitutional provisions Exceptions.-In the constitutions of a large majority of the states are provisions relating to the title and singleness of the subject-matter of legislative acts. It is not uniformly expressed in the same words, but it is in substance the same- that no law shall embrace more than one subject, which shall be expressed in the title.1 1 Alabama-1865: Art. 4, sec. 2. Each law shall embrace but one subject, which shall be described in the title. 1868: Each law shall contain but one subject, which shall be clearly expressed in the title. Art. 4, sec. 2. 1875, adds: Except general ap propriation bills, general revenue bill, and bills adopting a code, digest or revision of statutes. California-1849: Art. 4, sec. 25. Every law enacted by the legislature shall express but one object, and that shall be expressed in the title. 1879: Art. 4, sec. 24. Every act shall embrace but one subject, which subject shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in its title. No law shall be revised or amended by reference to its title; but in such case the act revised or section amended shall be reenacted and published at length as revised or amended. Colorado: Art. 5, sec. 21. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject shall be embraced in any act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed. Florida-1868: Art. 4, sec. 14. Each law enacted in the legislature shall embrace but one subject, and matter properly In the constitutions of New York, Wisconsin, and in the Illinois constitution of 1848, the provision is confined to private and local laws. It will be noticed that in several the injunction is against embracing more than one "object" in a bill. In many instances the subject or object is required law or ordinance pass which refers to more than one subject-matter or contains matter different from what is ex pressed in the title thereof. Art. 2, sec. 4. Idaho: Art. 3, sec. 16. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title. Illinois-1848: Art. 3, sec. 23. No private or local law which may be passed by the general assembly shall embrace more than one subject, and that shall be expressed in the title. 1870: Art. 4, sec. 13. No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, etc. (as in Colorado). Indiana 1851: Art. 4, sec. 19. Every act shall embrace but one subject and matters prop erly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act, etc. (as in Colorado constitution). Iowa - 1846: Art. 3, sec. 26. Same as in Indiana, 1857: Art. 3, sec. 29. Same as in Indiana. Kansas-1855: Art. 4, sec. 14. Every act shall contain but one subject, which shall be clearly expressed in its title. 1857: Art. 5, sec. 20. Every law enacted by the legislature shall embrace but one subject, and that shall be expressed in its title, and any extraneous matter introduced in a bill which shall pass shall be void. 1859: Art. 2, sec. 16. No bill shall contain more than one subject, which shall be clearly expressed in its title. Kentucky-1850: No law shall relate to more than one subject, and that shall be expressed in the title. Art. 2, sec. 37. 1891: Sec. 51. No law enacted by the general assembly shall relate to more than one subject, and that shall be expressed in the title, and no law shall be revised, amended, or the provisions thereof extended or conferred by reference to its title only, but so much thereof as is revised, to be "clearly" and in one "briefly" expressed in the title. The provision that only one subject shall be embraced in an act is in some states qualified by adding "and matters properly connected therewith." amended, extended or conferred, shall be re-enacted and published at length. Louisiana-Evei y law enacted by the legislature shall embrace but one object, and that shall be expressed in the title. 1852: Art. 115. 1864: Art. 118. 1868: Art. 114. Every law shall express its object or objects in its title. Maryland 1851: Art. 3, sec. 17. Every law enacted by the legislature shall embrace but one subject, and that shall be described in the title. 1864: Art. 3, sec. 28; art. 3, sec. 29. Michigan-1850: Art. 4, sec. 20. No law shall embrace more than one object, which shall be expressed in its title. Minnesota-1857: Art. 4, sec. 27. No law shall embrace more than one subject, which shall be expressed in its title. Missouri-1865: Art. 4, sec. 32. No law enacted by the general assembly shall relate to more than one subject, and that shall be expressed in the title; but if any subject embraced in an act be not expressed in the title, such act shall be void only as to so much thereof as is not so expressed. State v. Miller, 45 Mo. 495. Montana - Art. 5, sec. 23. No bill, except general appropria tion bills, and bills for the codification and general revision of the laws, shall be passed containing more than one subject, which shall be clearly expressed in its title; but, if any subject shall be embraced in any act which shall not be expressed in the title, such shall be void only as to so much thereof as shall not be so expressed." Nebraska-1866: Art. 2, sec. 19. No bill shall contain more than one subject, which shall be clearly expressed in its title." 1875: Art. 3, sec. 11. No bill shall contain more than one subject, and the same shall be clearly expressed in its title. Nevada-1864: Art. 4, sec. 17. Each law enacted by the leg. islature shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed in the title. New Jersey-1844: Art. 4, sec. 7. To avoid improper influences which may result from intermixing in one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed in the title. New York-1846: Art. 3, sec. 16. No private or local bill which may be passed by the legisla § 110 (77). The former constitution of Georgia merely inhibited the passage of any law containing matter different from that expressed in its title. Under it, according to the rulings and practice in that state, when there was added to ture shall embrace more than one subject, and that shall be expressed in the title. Ohio-1851: Art. 2, sec. 16. No bill shall contain more than one subject, which shall be clearly expressed in its title. Oregon-1857: Art. 4, sec. 20. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title. Pennsylvania - Added in 1864 by amendment to constitution of 1838, art. 2, sec. 3. No bill shall be passed by the legislature containing more than one subject, which shall be expressed in the title, except appropriation bills. 1873: Art. 3, sec. 3. No bill, except general appropriation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title. South Carolina-Every act or res olution having the force of law shall relate to but one subject, and that shall be expressed in the title. 1868: Art. 2, sec. 20. Texas-1845: Art. 7, sec. 24. Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title. 1866: Art. 7, sec. 24. 1868: Art. 12, sec. 17. 1876: Art. 3, sec. 35. No bill (except general appropriation bills which may embrace the various subjects and accounts for and on account of which moneys are appropriated) shall contain more than one subject, which shall be expressed in its title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed. Tennessee-1870: Art. 2, sec. 17. No bill shall become a law which embraces more than one subject; that subject to be expressed in the title. the words in the title the phrase "and for other purposes," it gave an unlimited capacity to the body of the act. The present constitution, however, prohibits the passage of any. law which refers to more than one subject-matter or contains matter different from what is expressed in the title. § 111 (78). The mischief intended to be remedied - The purpose of these restrictive provisions. In the construction and application of this constitutional restriction the courts have kept steadily in view the correction of the mischief against which it was aimed. The object is to prevent the practice, which was common in all legislative bodies where no such restriction existed, of embracing in the same bill incongruous matters having no relation to each other, or to the subject specified in the title, by which measures were often adopted without attracting attention. Such distinct subjects represented diverse interests, and were combined in order to unite the members of the legislature who favored either in support of all. These combinations were corruptive of the legislature and dangerous to the state. Such omnibus bills sometimes included more than a hundred sections on as many different subjects, with a title appropriate to the first section, "and for other purposes." 6 The failure to indicate in the title of the bill the object braced in an act which is not so expressed, the act shall be void only as to so much thereof as shall not be so expressed. Wisconsin 1848: Art. 4, sec. 18. No private or local bill, which may be passed by the legislature, shall embrace more than one subject, and that shall be expressed in the title. Wyoming Art. 3, sec. 24. No bill except general appropriatior ing more than one subject, which shall be clearly expressed in the title. 2 Martin v. Broach, 6 Ga. 21, 50 Am. Dec. 306; Mayor, etc. v. State, 4 Ga. 26; Board of Education v. Barlow, 49 Ga. 241; Black v. Cohen, 52 Ga. 626. Louisiana v. Pilsbury, 105 U. S. 278, 26 L. Ed. 1090. 4 Shields v. Bennett, 8 W. Va. 83; Town of Fishkill v. F. & B. Co., 22 Barb. 634. 5 People v. Mahaney, 13 Mich. 494. 6 Yeager v. Weaver, 64 Pa. St. 425. |