The American Decisions: Cases of General Value And Authority ..., volume 61

Cover The American Decisions: Cases of General Value And Authority ..., volume 61
The American Decisions: Cases of General Value And Authority ..., volume 61
John Proffatt, Abraham Clark Freeman, Lawyers Co-Operative Publishing Company
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St 77; Milla ▼. Charleaton, Treaanrer, etc, 29 Wia 400-410; Shieida v. Bennett, 8 W. Va.
65; Stater, CowUy Judge, 2 Iowa, 280; ExparU Upahaw, 45 Aim. 236; Kurtz ▼. People, 83 Mich. 279. "This constitutional restriction must be liberally constmad. A strict adherence to its letter would seriously interfere wi^ tiia practical business of legislation, and would frequently nullify laws not vepognant to its spirit or meaning:" 8taie v. Out, 13 Minn. 341-349. All thacasee involving a diseossion of thi
...s constitutional restriction are guided hy this gsneto oa principle of liberal oonstmotion. While in a large number Digitized by LjOOQiC 840 Davis v. State. [Maryland.
of deciflioiii this doctrine Is not announced, their tenor and effect show that the court in rendering them were controlled by its overshadowing influence.
Thbsb Provisions abe Mandatory. In Ohio and California, whoee con* Btitutions, as we have seen, contain a provision that no law shall embrace more than one subject, which shall be expressed in the title, the courts have held in effect that the provision was merely directory to the members of the legislature, and operated only on their consciences, and that a failure to com- ply with it did not nullify laws so passed in violation of it: Pirn v.


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