Myers v. People

Citations

• 67 Ill. 503

Syllabus

<p>1. Constitutional law—where a pa/rt only rrmy he rejected and the balance stand. It is a general rule that, if one part of a statute be unconstitutional, but it stands so independently by itself that it may be rejected, and yet leave that which remains so complete in itself as to be fully capable of execution, then the act should be construed the same as if the void part had never been inserted.</p> <p>2. Same—act of 1872 relating to county courts. The last section of the act of 1872, to increase the jurisdiction of county courts, which provides that the act shall not apply to counties having a population of one hundred thousand, contravenes section 29 of article 6 of the constitution of 1870, which requires that the organization, jurisdiction and powers of all courts of the same class or grade shall, so far as regulated by law, be uniform. But that section being separate from the rest of the act, may be rejected as unconstitutional, leaving the remainder to stand and apply to the whole State.</p> <p>8. Same—as to fhe exclusive jurisdiction of county courts over misdemeanors. The act of 1872, to increase the jurisdiction of county courts, so far as it attempts to confer exclusive jurisdiction of all misdemeanors, is unconstitutional. In this respect, the act is construed as conferring only concurrent jurisdiction tipon county courts in the cases specified, and the clause, as to sending indictments from the circuit to the county courts, as not mandatory, but directory or permissive. When thus construed, the act is constitutional and valid.</p> <p>4. Spirituous liquors—whether necessonry to state the names of the persons to whom, liquor is sold, in complaint. It is not necessary in a prosecution, under the first section of the act of 1872, to provide against the evils resulting from the sale of intoxicating liquors, to state in the information the name or names of the person or persons to whom the liquor was sold.</p> <p>5. But, under the second section, where the