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· 3/8/1902

Pioneer Irrigation District v. Bradley

Citations

  • 8 Idaho 310
  • 68 P. 295
  • 1902 Ida. LEXIS 16

Syllabus

<p>Constitutional Law — Each Act but One Subject. — Under the provisions of section 16, article 3 of the constitution of Idaho, each act must embrace but one subject and matters properly connected therewith.</p> <p>Same — Two Diverse Subjects in Title oe Act. — Under said provision of the constitution if the title of an act indicates, and the act itself actually embraces, two or more subjects, diverse in their nature and having no necessary connection, such act is 'Unconstitutional and void.</p> <p>Same — Generality oe Title. — The generality of a title to a bill is no objection to it so long as it is not made a cover to legislation incongruous in itself, and by no fair intendment can be considered as having a necessary or proper connection with it.</p> <p>Provisions That may be United. — If the provisions of an act all relate directly or indirectly to the same subject, have a natural connection therewith, and are not foreign to the subject expressed in the title, they may be united in one act.</p> <p>Conflict Must be Palpable. — The objection should be grave, and the conflict between the constitution and statute palpable before the judiciary should hold a legislative enactment uncon-, stitutional upon the sole ground that it embraces more than one subject.</p> <p>Numerous Provisions of Same Act. — However numerous the provisions of an act may be, if they can be, by fair intendment, considered as falling within the subject matter legislated upon In such act or necessary as ends and means to the attainment of such subject, the act will not be in conflict with said constitutional provision.</p> <p>Entire Statutory Law Upon One General Subject. — Said constitutional provision was not intended to prevent the incorporation into a single act of the entire statutory law upon one general subject.</p> <p>Constitutional Law — Title and Subject. — The following title held to contain but one general subject, and also held that the act treats of but one general subject. Said tit

Judges: Quarles, Stoekslager, Sullivan

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