131 Tenn. 267 | Tenn. | 1914
delivered the opinion of the Court.
The hill was filed for the purpose of having declared unconstitutional chapter 98, Acts of 1913, First Estra Session. Several grounds are alleged, hut we shall consider only one of them. This ground is that the act was not within the governor’s call.
The act is entitled:
“An act to regulate the operation and condition of turnpike roads in counties having a population of not less than 40,450 inhabitants nor more than 40’,475 inhabitants according to the federal census of 1910 or .any subsequent federal census.”
The act falls fairly within the title.
The governor’s call was very long, embracing a large ■number of subjects. Of these our attention has been drawn by counsel to the following, only, as having any bearing on the question, viz.:
“74. Road law for Maury county.”
“76. To amend the act creating a turnpike commission for Maury county.”
■ “3. The following measures designed to strengthen the hands of the people, and the courts in the enforcement of the criminal laws. First, An act to define and more effectively provide for the abatement of public nuisances, particularly any business occupation, practice, or device, forbidden by the laws of the State.”
It results that the demurrer must be overruled, the decree of the chancellor dismissed, and the cause remanded to the chancery court of Maury county for further proceedings. The defendants will pay the costs of this court and of the chancery court accrued up to this time.