county, a provision attaching it to H. county is void.13 A title "to provide for the more economical management of county affairs" was held not sufficient to embrace provisions fixing the salaries of county officers or changing the compensation of justices of the peace. An act to authorize the voters of a county to vote on the removal of the county seat will not cover provisions for a partition of the old court-house and jail property owned jointly by the county and city.15

A title which purports to authorize counties to take certain steps and incur certain expense does not justify an act which requires them to do so.16 An act which creates an innovation in the management and control of county affairs should have its real purpose clearly indicated in the title." So of an act which authorizes other than the regular county authorities to create a county liability.18 An act for the creation of a new county may provide for the division of property and debts, and of taxes levied but not collected.19

154. Acts relating to schools, school districts and education. An act to dissolve school districts numbered 4, 35 and 108 and attach them to school district numbered 139, for the purpose of forming a graded school, was held to express but one subject, the forming of a graded school.20

18 Atchison, T. & S. F. Ry. Co. v. Kearney Co., 58 Kan. 19, 48 Pac. 583.

14 Anderson v. Whatcom County, 15 Wash. 47, 45 Pac. 665, 33 L. R. A. 37.

15 Alexandria Co. Sup'rs v. Alexandria, 95 Va. 469, 28 S. E. 882. But an act to provide for the location, construction and maintenance of the University of Washington was held sufficient to cover a provision for the sale of an old site donated for university purposes. Callvert v. Winsor, 26 Wash. 368, 67 Pac. 91.

16 State v. Wabaunsee Co. Com'rs, 45 Kan. 731, 26 Pac. 483; Stegmaier v. Jones, 203 Pa. St. 47, 52 Atl. 56.

17 State v. County Com'rs, 47 Neb. 428, 66 N. W. 434; Stegmaier v. Jones, 203 Pa. St. 47, 52 Atl. 56.

18 Dailey v. Pelter County, 203 Pa. St. 593, 53 Atl. 498. Compare Read v. Clerfield County, 12 Pa. Supr. Ct. 419.

19 Kings County v. Johnson, 104 Cal. 198, 37 Pac. 870.

20 Ash v. Thorp, 65 Kan. 60, 68 Pac. 1067. In Ackley School District v. Hall, 113 U. S. 135, 5 S. C. Rep. 371, 28 L. Ed. 954, was con

Where the title related to the public schools of a city, provis ons relating to districts partly within and partly without the city were held without the title." An act to enable the

the borrowing of money to build school-houses in independent districts. Iowa Code, 1873, ch. 9, tit. 12.

sidered an "Act to authorize independent school districts to borrow money and issue bonds therefor for the purpose of erecting and completing school-houses, legalizing bonds heretofore issued, and making school orders draw six per cent. interest in certain cases." which was held not in violation of the provisions of the state constitution (Iowa), that "every act shall embrace but one subject and matter properly connected therewith, which subject shall be expressed in the title." The act is thus summarized in court in subsequent decisions, and the opinion of the court:

"The act contains six sections, the fourth providing that 'all school orders shall draw six per cent. interest after having been presented to the treasurer of the district and not paid for want of fur ds, which fact shall be indorsed upon the order by the treasurer.' As there are two kinds of school districts in Iowa, 'district township' and 'independent district,' the latter carved out of the former, it is contended that the title to the act in question embraces two subjects: one relating to matters in which independent school districts alone are concerned, and the other to matters in which the township district and independent districts are concerned; that whether school orders, which may be issued for many purposes. by districts of either kind, should hear interest or not, is wholly foreign to

"We are not referred to any adjudication by the supreme court of lowa which supports the point here made. On the contrary the principles announced in State v. County Judge, 2 Iowa, 281, show that the act before us is not liable to the objection that its title embraces more than one subject. . . The doctrines of that case have been approved by the same

they are decisive against the point here raised. Morford v. Unger, 8 Iowa, 83; Davis v. Woolhough, 9 id. 104; People v. Brislin. 70 Ill. 423; McAurich v. Railroad Co., 20 Iowa, 342; Farmers' Ins. Co. v. Highsmith, 44 Iowa, 334. The general subject to which this special act relates is the system of common schools. That system is maintained through the instrumentality of district schools of different kinds. Provisions in respect to these instrumentalities — those referring to the erection and completion of school-houses in inde: +1ent school districts with money raised upon negotiable bonds, and others, to the rate of interest which all school orders shall bear— relate to the same general object and are only steps towards its accomplishment."

21 In re Consolidation of School Districts, 23 Colo. 499, 48 Pac. 647.

school directors of the borough of C. to establish and maintain a graded school does not cover provisions annexing territory to the school district of C. An act to establish a school district was held insufficient to cover provisions forbidding the sale of liquors within the district and imposing penalties therefor.23 An act to establish a text-book board for the public schools of C. county and to define its powers and duties provided for a uniform system of textbooks to be selected by the board and made their use compulsory, and that books once selected should not be changed for six years. The claim was made that the words "text-book board" did not mean anything in particular and did not sug gest the purpose of the act, but the court held the title. sufficient. "An act to provide for the support and maintenance of the University of Arkansas," abolished the office of pomologist connected with the university and made the various appropriations for its support. It was held to embrace but the one subject expressed in the title.25 An act to provide a reform school for juvenile offenders may provide for committing such offenders thereto.26

§ 155. Acts relating to offices and officers.- An act to create the office of county controller in certain counties and prescribing his duties, in effect abolished the office of county auditor existing in some of the counties. It was held that

22 Payne v. School District, 168 maintenance. Economy and rePa. St. 386, 31 Atl. 1076.

23 Montgomery v. State, 88 Ala. 141, 7 So. 51; Glenn v. Lynn, 89 Ala. 608, 7 So. 924.

trenchment, when the means are limited, are as necessary to the maintenance of the universities as it is of individuals. The abolition

24 State v. Griffin, 132 Ala. 47, 31 of the office of pomologist relieved So. 112.

25 Vincenheller v. Reagan, 69 Ark. 460, 64 S. W. 278. The court says: "The object of the act in question was the maintenance and support of the university of the state. Anything which will lessen the illegal or unnecessary expenses of that in stitution will tend to its legitimate

the university of an expense, and in part of an unauthorized expense, and left it with a larger appropriation to accomplish the legitimate objects of one of its departments." p. 473.

26 Ex parte Liddell, 93 Cal. 633, 29 Pac. 251.

this feature of the law was not expressed in the title." By an existing act the affairs of M. county were managed by a board of three commissioners. An act was passed to repeal the former law and to provide for two commissioners to sit with the county judge for the transaction of county business. A provision legislating one commissioner out of office was held within the title.28

An act to provide for the election of two justices of the peace for a city and to repeal an act providing for the election of four justices for the same city, continued two of the four existing justices and legislated two out of office. The title was held misleading and the act void.29

31

"An act defining the duties of state controller" imposed penalties upon other officers for a failure to settle with the state controller as required by law; held not within the title.30 An act to provide for the election of presidential electors may also provide for the election of alternates and for their service in case of vacancy. "All city officers" in a title may include the clerk of the city court, which, though really a state court, has always been provided for in acts relating to the city. An act to provide for the election or appointment of officers may provide for their qualifications or term of office.3

33

An act to fix the fees and salaries of certain officers may contain provisions requiring such officers to account for all fees and to pay over a certain part to the county. Such an act may provide for the recovery of fees illegally charged,"

27 Commonwealth v. Samuels, 163 Pa. St. 283, 29 Atl. 909; Commonwealth v. Severn, 164 Pa. St. 462, 30 Atl. 391.

34

32 Collins v. Russell, 107 Ga. 423, 33 S. E. 444.

33 State v. Macklin, 41 Mo. App. 335; State v. Connelly, 66 N. J. L

28 State v. Steele, 39 Ore. 419, 65 197, 48 Atl. 955, 88 Am. St. Rep. 469. Pac. 515. The contrary is intimated in State v. Taylor, 21 Wash. 672, 59 Pac. 489. 34 Hardy v. Kingman Co., 65 Kan.

29 Brooks v. Hydorn, 76 Mich. 273, 43 N. W. 1122.

30 State v. Hoadley, 20 Nev. 317, 111, 68 Pac. 1078. 22 Pac. 99.

31 McPherson v. Blacker, 92 Mich. 377, 52 N. W. 469, 31 Am. St. Rep. 587, 16 L. R. A. 475.

35 Benson v. Christian, 129 Ind. 535, 29 N. E. 26.

or impose a penalty for so doing.36 So it may limit the number of their deputies and fix their compensation," but may not create the office of deputy and fix the compensation attached thereto.38 "An act fixing the salaries and compensation of the officers of Humboldt county and consolidating certain offices in that county," among other things, provided that the district attorney should be ex officio superintendent of schools and that the latter office should be consolidated with the former. The provision was held within the title.39 So under the title to regulate the salary of an officer, it was held germane to prescribe his duties and to impose upon him the duties theretofore performed by another officer and in effect to abolish the latter office." Where the title indicates that certain additional duties will be required of an officer and that he will be authorized to call in the assistance of private persons, it is sufficient to cover provisions for making compensation for such services.“ When the title expresses the purpose to be to reduce the compensation of certain officers, provisions which increase their compensation are void. "An act to fix the fees to be collected by the secretary of state for incorporation and certain other privileges," fixed fees for filing certificates of incorporation and provided that no corporation should exercise any corporate power or do any business in the state until the fee was paid. The provision was held germane.43

"An act providing for the appointment of committees to investigate the affairs of state institutions and conduct of officers," provided for removal by the governor of officers

36 Lowe v. Bourbon Co., 6 Kan. App. 603, 51 Pac. 579.

37 Clark v. Finley, 93 Tex. 171, 54 S. W. 343.

38 Milwaukee County v. Isenring, 109 Wis. 9, 85 N. W. 131, 53 L. R. A. 635.

39 State v. Humboldt Co. Com'rs, 21 Nev. 235, 29 Pac. 974.

40 Trehy v. Marye, 100 Va. 40, 40 S. E. 126.

41 Gunder v. Wyoming County, 12 Pa. Dist. Ct. 78.

42 Simard v. Sullivan, 71 Minn. 517, 74 N. W. 280; State v. Sullivan, 72 Minn. 126, 75 N. W. 8.

43 Jones v. Aspen Hardware Co., 21 Colo. 263, 40 Pac. 457, 52 Am. St. Rep. 220, 29 L. R. A. 143.