State v. Brooken

Citations

• 19 N.M. 404

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. An indictment, charging a violation of Section 1, Chapter 23, S. L., 1901, which, after alleging that defendant held, under herd in a certain pasture, calves unaccompanied by their mothers, proceeds: “the said calves being then and there under the age of seven months”, is not subject to attack, on the ground that the calves are not directly and positively alleged to be under seven months of age.</p> <p>P. 408-</p> <p>2. A part of a law may be unconstitutional and the remainder of it valid, where the objectionable part may be properly separated from the other, without impairing the force and effect of the section which remains, and where the legislative purpose as expressed in such section can be accomplished and given effect, independently of the void section, and, when the entire act is taken into consideration it can not be said that the legislature would not have passed the section retained had it been known that the void section must fail: Held, that Section 1, Chapter 23, S. L. 1901, is valid and enforcible even though Section 5 of the same Act is unconstitutional, under the above rule.</p> <p>P. 410</p> <p>3. The legislature, under the police power, may provide reasonable regulations for the use and enjoyment of property, where the same are necessary for the common good and the protection of others. Held, that a statute which prevents the holding under herd, or in any enclosure, unaccompanied by their mothers, of any calves of neat cattle under seven months of age, is not violative of any constitutional provision, and is sustainable under the police power, where such regulation appears reasonably necessary to prevent the larceny of young animals.</p> <p>P. 411</p>