190 N.W. 884 | S.D. | 1922
This is an original proceeding in which plaintiff asks a peremptory writ of prohibition, restraining defendants from putting into effect the provisions of chapter 254, Laws of 1921, commonly known as the Home Building Law. This
“An act entitled, An act creating a state, home building department, defining its powers and duties, providing for the loaning of money and extending of credit to the people of the state upon real estate security for the purpose of assisting in the building of homes by the people of this state, authorizing the state to borrow money on bonds and warrants secured by the good faith and credit of the state for such purposes, and providing for and establishing and maintaining said system of credits and providing for the necessary officers and employes, their compensation, expenses and supplies.”
The earliest' and the leading case in this state discussing questions relating to the sufficiency of titles to acts^ — that of State v. Morgan, 2 S. D. 32, 48 N. W. 314 — has always been looked to as a guide; and it might well be, so thoroughly has it covered this subject. We might call attention to.its many quotations from different courts; but, so far as this case is concerned, it is unnecessary to refer to anything more than the following therein from Cooley’s Constitutional Limitations (5th Ed.) 173. In speaking of the purposes of this section of the Constitution he says:
“It may therefore be assumed as settled that the purpose of these provisions was: First, to prevent ‘hodgepodge’ or ‘logrolling’ legislation; second, to prevent surprise or fraud upon the Legislature by means of provisions in bills of which the titles gave no intimation, and which might therefore be overlooked, and carelessly and unintentionally adopted; and, third, to fairly apprise the people, through such .publication of legislative proceedings as is usually made, of the subjects of legislation that are being considered, in order that they may have opportunity of being heard thereon, by petition or otherwise, if they so desire.”
The opinion, thus far, was written by Judge WHITING just prior to his untimely death, and we are all in accord therewith.
The defendants must and will he ordered to' refrain from attempting to carry out any of the provisions of chapter 254, Haws 1921. The title to this act violates section 21, article 3, of •our Constitution. We must therefore sustain plaintiff, and grant a writ prohibiting the defendants from acting under this statute.
Note — Reported in 190 N. W. 884. See American Key-Numbered -Digest, (1) Statutes, Key-No. 109, 36 Cyc. 1028, 1029; (2) Statutes, Key-No. 121(1), 1921 and 1923 Ann. to 36 Cyc. 1029, 25 R. C. L. 860. . -
On necessity and sufficiency of reference in title of statute to ■appropriations to put its purpose into effect see L. R. A. 1917B, 812.