of an act for the protection and preservation of birds and game, but the contrary is held in Minnesota.32 An act to regulate the catching of fish forbade the taking of fish during a certain period of the year. This was held to be regulation and within the title.33 An act to protect salmon and other food fishes may forbid the casting into streams of saw dust, shavings and waste lumber. An act to prohibit the catching of game fish in certain cases required the owners of dams to make fish-ways. This was held not within the title.35

§ 167. Acts relating to crimes in general.- An act to punish cheats, frauds, etc., may prescribe the form of indictment.36 Where the title relates to misdemeanors only, provisions as to felonies are void.37 An act to prohibit the practice of blacklisting made it unlawful for any company, corporation or partnership to prevent or hinder any discharged employee, or employee who had voluntarily left the service, from obtaining employment elsewhere; held within the title.38 An act "to provide for the punishment of crimes in certain cases," made it a felony to take indecent liberties with male children. It was held that the title gave no hint as to the character of the act to be punished and therefore failed to comply with the constitution.39 A title "to define and suppress vagrancy" was held to cover provisions as to the fees of constables and magistrates in enforcing the law. An act to add a new section to sub-title "Rivers" in article 30 of the code, entitled "Crimes and Punishments," pro

31 Stevens v. State, 89 Md. 669, 43 Atl. 829.

32 State v. Chapel, 63 Minn. 535, 65 N. W. 940.

33 Osborn v. Charlevoix Circ. Judge, 114 Mich. 655, 72 N. W. 982. 34 State v. Shaw, 22 Ore. 287, 29 Pac. 1028.

35 West Point Water Power & L. I. Co. v. State, 49 Neb. 223, 68 N. W. 507.

36 State v. Morgan, 112 Mo. 202, 20 S. W. 456.

37 Harper v. State, 109 Ala. 28, 19 So. 857; Harper v. State, 109 Ala. 66, 19 So. 901.

38 State v. Justus, 85 Minn. 279, 88 N. W. 759, 89 Am. St. Rep. 550. 39 In re Snyder, 108 Mich. 18, 65 N. W. 562.

40 Hays v. Cumberland County, 5 Pa. Supr. Ct. 159; affirmed, 186 Pa. St. 109, 40 Atl. 282.

vided in the new section that it should be a penal offense to dredge, take or carry away sand or gravel from the bed of the Potomac. The section was held within the title." An act relative to disorderly persons defined who should be considered disorderly persons and included drunkards and tipplers. This was held within the title." An act to amend section 4614 of the code so as to raise the age of consent, as set forth in said section, to twelve years, and to prescribe punishment in the penitentiary against persons having carnal knowledge of females over twelve and under sixteen, was held to express but one subject, and a provision making all persons aiding or abetting the crime principals, was held germane.43 Where the title relates to crimes and punishments and criminal proceedings, provisions relating to a civil proceeding in bastardy are not within the title." An act with a similar title prohibited the sale or keeping for sale of cigarettes and also imposed a license tax upon any person who sold or kept the same for sale and upon the real estate where the same were sold or kept for sale. The provision for a license tax was held to be in the nature of an additional penalty, to tend to the suppression of the traffic, and to be within the title.45

§ 168. Acts relating to convicts and penal institutions. The following provisions were held not to be within a title to regulate the management of state and county convicts:

41 State v. Norris, 70 Md. 91, 16 language we have employed, is Atl. 445. clearly expressed in the title when 42 People v. Kelly, 99 Mich. 82, 57 reduced to its shortest meaning N. W. 1090.

43 State v. Brown, 103 Tenn. 449, 53 S. W. 727. The court says: "In reality, the subject is single, and the two purposes indicated relate to different parts of that one subject, which is the prevention and punishment of carnal connection with young females. This subject, though not formulated in the

and read in connection with the law amended, and such a title, though sufficiently broad in its scope to include two or more different grades or classes of crime, is, nevertheless, single and expresses but one subject."

44 State v. Tieman, 32 Wash. 294. 45 Cook v. Marshall County, 119 Iowa, 384, 93 N. W. 372.

providing for additional imprisonment for costs; 46 providing for payment by the state of certain costs in criminal trials; providing that when the term of sentence is two years or less, the sentence shall be to hard labor for the county, and when for more than two years, to hard labor in the penitentiary.48 An act to amend a specified contract for convict labor may not provide for leasing the convict labor.49

An act to revise the laws relative to the state prison may provide for the punishment of crimes committed by convicts within the prison.50 But a provision that if any convict should escape or attempt to escape, or mutiny or incite mutiny, or the like, he should be tried in a certain court on information by the warden, and, if found guilty, should lose the benefit of all time served on his sentence and should be re-sentenced for the full original term, was held not to be within such a title.51 An act was entitled "An act to provide for the maintenance, government and police of the penitentiary." It was held that a provision that, where persons are hereafter convicted and punished by imprisonment, it shall

47 White v. Burgin, 113 Ala. 170, 21 So. 832. But a title "to create a new convict system for the state" was held sufficient to cover the provision in question.

46 Brown v. State, 115 Ala. 74, 22 different subject from that of his So. 458. management during the existence of the sentence. . . If this section is germane to the title, it would seem to follow that the legislature might have proceeded in the act to legislate generally on the subject of the punishment of criminals convicted of crime and abolished capital punishment, established a whipping post and revised largely the criminal statutes of the state." p. 516.

48 Ex parte Gayles, 108 Ala. 514, 19 So. 12. The court says: "Here, as we plainly see, we are carried back from where hard labor and the management of the convict set in, which is the subject of this enactment, as indicated in its title, to a point after conviction and before sentence, by virtue of which sentence alone, the convict is subject to the management provided for in the act, his conviction and sentence being quite another and

49 State v. Holcomb, 46 Neb. 612, 65 N. W. 873.

50 People v. Huntley, 112 Mich. 569, 71 N. W. 178.

51 State v. Lewin, 53 Kan. 679, 37 Pac. 168.

52

be in the penitentiary, if it exceeds six months, was not within the title. An act to provide for the organization and management of a state reform school may embrace provisions for the committing of children thereto by the various courts.

56

§ 169. Miscellaneous cases in which acts were held to conform to the constitution as to title.- An act provid ing for the sale of school lands may define the rights acquired by a purchaser. So a grant of lands in aid of a public improvement may contain a provision exempting the land from taxation for a limited time.55 An act in relation to the manufacture and sale of vinegar may provide against adulteration and deception in sale. An act to regulate the practice of medicine may include surgery, obstetrics, osteopathy and christian science. An act to enable park commissioners to make local improvements may authorize the levy of a new assessment to pay for an improvement previously completed.58 An act to regulate the foreclosure of chattel mortgages on household goods provided that no chattel mortgage executed by a married man or woman on household goods should be valid unless both husband and wife joined in its execution. The provision was held valid on the ground that whatever related to the validity of the mortgage to be foreclosed was germane." An act to regulate the recording of title notes or evidences of conditional sales may

52 Brooks v. People, 14 Colo. 413, 24 Pac. 553.

55 Board of Supervisors v. Auditor-General, 65 Mich. 408, 32 N. W.

53 In re Sanders, 53 Kan. 191, 36 657. Pac. 348, 23 L. R. A. 603.

54 Prescott v. Beebe, 17 Kan. 320. It was held in Swayze v. Britton, 17 Kan. 625, that an act "concerning notaries public" was not broad enough to include a provision authorizing notaries public protesting commercial paper to give notice thereof to parties secondarily lia ble. This conclusion cannot be reconciled with the rule of construction generally adopted.

56 People v. Worden Grocery Co., 118 Mich. 604, 77 N. W. 315.

57 Little v. State, 60 Neb. 749, 84 N. W. 257; State v. Buswell, 40 Neb. 158, 57 N. W. 1019.

58 West Chicago Park Com'rs v. Sweet, 167 Ill. 326, 47 N. E. 728; West Chicago Park Com'rs v. Farber, 171 Ill. 146, 49 N. E. 427.

59 Gaines v. Williams, 146 Ill. 450, 34 N. E. 934; Flynn v. Coakley, 164 Ill. 470, 45 N. E. 1070.

provide that such writings shall be void if not recorded.60 In "An act relating to libel and its punishment," a provision abolishing punitive damages in civil actions for libel was held germane.61 "An act granting to the city of Mobile the riparian rights of the river front" was held sufficient to cover the grant of the fee of the river front.62 An act to amend an article of the code entitled "Oysters" may require persons engaged in packing oysters to pay a license.63 An act to provide for the organization, regulation and inspection of building and loan associations, and to repeal the former law on the subject, forbade any building and loan association to do business in the state without complying with the act, provided "that, except as to taxation, this act shall not affect any such association heretofore organized under the laws of the state of Montana, unless it elects to come under its provisions." The proviso was held to be within the title. An act to provide for the manner of selecting the police force of the city of Birmingham, in reality related to the constitution and election of the board of police commissioners, who appointed the policemen. The act was held within the title, because it related to the manner of selecting the police force by dealing with the instrumentality of their selection. A title was held not to be bad for the mere reason that it described a repealed act.66

64

Numerous additional cases are cited in the margin in which the acts or provisions in question were held within the title of the respective acts.67 These cases are referred

60 Otto Gas Engine Works v. Hare, 64 Kan. 78, 67 Pac. 444.

61 Goebeler v. Wilhelm, 17 Pa. Supr. Ct. 432.

62 Mobile Transportation Co. v. Mobile, 128 Ala. 335, 30 So. 645, 86 Am. St. Rep. 143.

65 State v. McCary, 128 Ala. 139, 30 So. 641.

66 Reynolds v. Board of Education, 66 Kan. 672, 72 Pac. 274.

67 Alabama: Dean v. State, 100 Ala. 102, 14 So. 762; State v. Rogers, 107 Ala. 444, 19 So. 909; Daugh

63 State v. Applegarth, 81 Md. 293, drill v. State, 113 Ala. 7, 21 So. 378; 31 Atl. 961, 28 L. R. A. 812.

64 Home B. & L. Ass'n v. Nolan, 21 Mout. 205, 53 Pac. 738.

State v. Stripling, 113 Ala. 120, 21 So. 409; Ex parte Mayor, 116 Ala. 186, 22 So. 454; State v. Winter,