38 Minn. 366 | Minn. | 1888
The only question in this case is whether Laws 1887, c. 158, is in violation of the constitutional amendment of 1881, (Laws 1881, c. 3, § 1,) wbich prohibits the legislature from enacting any special or private laws, among other things, “for granting to any individual, association, or corporation, except municipal, any special or exclusive privilege, immunity, or franchise whatever.” The contention on behalf of the state is that the act in question grants to plaintiff a “special privilege,” because it gives him the right to appeal to the district court from the decision of the commission established by Laws 1881, Ex. Sess., c. 1, disallowing his claims; the same right not being given to others whose claims were disallowed by that commission. The title of the act, as well as the peculiar form in which it is cast, may at first sight seem to give an appearance of plausibility to this position. The act was evidently adroitly drawn, so as to win legislative favor; but, when stripped of all matters of mere dress, all there is of the act of substance is an appropriation of money out of the state treasury to pay the claims of plaintiff, or a percentage thereof, on condition that he established certain facts to the satisfaction of the district court. What is recited as having been done under the act of 1881 is unimportant, and that act itself cuts no figure, except so far as it is referred to to indicate what facts the
In construing the meaning of the word “privilegé,” as used in the constitution, the maxim, noscitur a sociis, is applicable. The prohibition is against granting special or exclusive “privileges,immunities, or franchises.” The three terms are evidently all intended to refer to things of the same or similar general nature. An “immunity” has been defined as an exemption from any charge, duty, office, tax, or imposition; a “franchise” has been defined to be a particular privilege conferred by the sovereign power of the state, and vested in individuals ; and while it is not necessary, and would be perhaps unwise, to attempt to give a complete definition of any of these terms, yet it is evident that the word “privilege,” as used in this connection,
We are satisfied that the act is not in conflict with the constitution.
Judgment affirmed.