State v. Morgan

Citations

• 2 S.D. 32
• 48 N.W. 314
• 1891 S.D. LEXIS 4

Syllabus

<p>1. When a party assails the constitutionality of an act, he must show be- . yond reasonable doubt that it is in violation of the fundamental law of our government. Every presumption is in favor of the validity of a legislative enactment, and it is for the attacking party to show that his rights are invaded by that act, and that it does not come within the legitimate exercise of the lawmaking power, under the constitution.</p> <p>2. The object of Section 21 of Article 3 of the constitution of the state, which provides that “no law shall embrace more than one subject, which shall be expressed in its title,’- was to prevent the bringing together in one act subjects having no necessary connection or relation with each other, and to gmard the legislatures and communities affected by the law against surprise and imposition; and it is mandatory, — a direct, positive, and imperative limitation upon the legislature.</p> <p>3. This action of the constitution was not intended to embarrass the legislature in the legitimate exercise of its powers by compelling a needless multiplication of bills designed to meet the same object. A liberal interpretation and construction should be given it by the courts so as not to cripple or limit legislative enactments any further than is necessary for the requirements of the law. The g'round that an act embraces more than one subject, and that it was not sufficiently expressed in its title, should be grave, and olie conflict between the statute and constitution plain and manifest, before courts will be justified in declaring it unconstitutional and void.</p> <p>4. When the title of a legislative act expresses a general subject or purpose which is single, all matters which are naturally and reasonably included in it, and all measures which will or may facilitate the accomplishment of the purpose, are germane to its title. The title must express the subject comprehensively enough to include all the provisions in the body of the act. It need n