Gaines v. Williams

Citations

• 146 Ill. 450
• 34 N.E. 934

Syllabus

<p>1. Constitutionality—rulé of construction—presumption. Every presumption is in favor of the validity of a statute, and any reasonable doubt must be resolved in its favor, so that when such doubt exists the statute must be sustained. The courts will not declare a law unconstitutional except in a very clear case,- and the burden of proving, beyond a reasonable doubt, that a statute is unconstitutional, rests on the party seeking to impeach the same.</p> <p>2. So whenever an act of the legislature can be so construed and applied as to avoid a conflict with the constitution and give it the force of law, such construction will be adopted.</p> <p>3. Chattel mortgages—foreclosure—act of 1889—constitutionality> etc. Section 2 of “An act to regulate the foreclosure of chattel mortgages on household goods, wearing apparel and mechanics’ tools,” approved January 5, 1889, which provides that no chattel mortgage executed by a married man or married woman on household goods shall be valid unless joined in by the husband or wife, as the case may be, is not unconstitutional, as embracing a matter not germane to the subject expressed in the title.</p> <p>4. Same—statute construed. In a proceeding to foreclose a chattel mortgage under sections 1 and 2 of the act of June 5,1889, the question will .necessarily arise whether the mortgage sought to be foreclosed is a valid mortgage, or belongs to the class of mortgages intended to be comprehended within the provisions of the act, and whatever goes to the solution of these questions can not be said to be foreign to the subject expressed in the title.</p> <p>5. Section 1 of the act, by its terms, applies to all chattel mortgages upon household goods, wearing apparel or mechanics’ tools, except those included in the two provisos therein; and section 2, making such mortgages invalid unless made by both'the husband and wife of the debtor, may be regarded as imposing, in effect, a further limitation upon the generality of the terms of secti