95 P. 367 | Utah | 1908
This is a proceeding to determine the validity of chapter 28, p. 30, Laws Utah 1907. Chapter 28, p. 30, Laws 1907, aforesaid, is an act which is amendatory of section 2583, Rev. St. 1898, as amended by chapter 65, p. 66, Laws Utah. 1901, and section 2050, Rev. St. 1898. The principal change effected by the amendment of section 2583 was the increase of the salaries of the several members constituting the State Board of Equalization, and, so far as it related to sec. 2050, the increase of the salaries of some of the state officers and the reduction of the salary of the appellant as reporter of the decisions of this court. Appellant, as such reporter, and the respondent, as State Auditor, presented to the district court an agreed statement of facts from which that court was ashed to determine the constitutionality of chapter 28, p. 30, Laws 1907, aforesaid, the appellant contending that the amendment of section 2050 was invalid, and that therefore he was entitled to receive a warrant for his salary from respondent at the old rate, while respondent contended that appellant was only entitled to a warrant for salary as fixed by the section as amended. The district court found for and entered judgment in favor of the respondent, and the matter is now presented to this court on appeal.
Appellant’s sole contention is that chapter 28, p. 30, Laws Utah 1907, in so far as it affects his salary, is invalid because the act covers more than one subject. In other words,
With these general rules in mind we will now proceed to an examination of the act in question, and briefly review the law applicable. As we have pointed out, the act which is assailed is amendatory merely of permanently numbered sections which form a part of the substantive law of this state. The rule applicable to the act in question is well and tersely stated in section 137 of 1 Lewis’ Suth. Stat. Const. (2d Ed.), where the author, in referring to the constitutional provision now under consideration, says:
“The constitutional requirement under discussion as applied to 'acts of this character (amendatory acts), when they contain matter which might appropriately have been incorporated in the original act under its title, is satisfied generally if the amendatory or supplemental act identifies the original act by its title, and declares the purpose to amend or supplement it. Under such a title, alterations by excision, addition, or substitution may be made, and any provision may be enacted which might have been incorporated in the original act.”
AYhat has been said so far applies to the amendment of law's or acts which have not been made a part of or incorporated into a Code, nor sectionized and consecutively numbered and arranged in w'hat are commonly designated as statutes or-
Keferring, now,' to section 141 of the same volume, in speaking of the particularity required' of titles in amending a particular section or sections, the author states:
“it is Reid, by the great majority of oases that it is sufficient for the title of an act to amend a Code or Revision to specify the section to he amended, without giving the title of the chapter or division to which it belongs or in any way indicating the subject-matter of the section. Under such a title any legislation is proper which is germane to the section specified.”
And in section 139 of the same volume, in referring to the plurality of titles, it is said:
“An act to amend several sections of a Code, v’hich are cognate or related to each other, is not open to the objection that it embraces a plurality of subjects.”
From what has been said we may safely deduce the following propositions as guides, namely: That any one or more scetions of a Code or Compilation may be amended by simply stating in the title that the act is to amend the sections designated; that all sections the subject-matters of which are germane or related to one another may be included in one amendatory act specifying the sections to be amended; that the subject of such an act, within the constitutional provision, is contained in the statement which refers to the sections by numbers and asserts a purpose of amending them; that the legislators and all persons must take notice from such a title that the subject- matter of the sections specified is ojoen for amendment by excision, by substitution, or by the addition of any new matter which is germane or directly related to the subject-matter of the sections proposed to be amended.
The title to the act in question stated the subject clearly and in unmistakable terms, but matter was added which, as we shall attempt to show, performed no function whatever, and
But it is insisted that tbe subject of the amendatory act in question was not salaries; that it was, rather, “tbe State Board of Equalization and its duties and organization.” It is with regard to this contention that tbe confusion, if any, arises. While it is true that section 2583 dealt with tbe organization and duties of tbe State Board of Equalization, it, however*, also dealt with their salaries. TJnder a title to amend this section by its number any amendment germane to any matter in tbe section was proper, because tbe matters therein contained were all correlated. Under another provision of our Constitution, in order to change, add to, or eliminate a single phrase or word, the whole section as amended must be re-enacted. If it were intended to amend section 2583 by changing the salaries therein provided for; it would have been necessary to re-enact the whole section; and this would likewise be true if any other change were to be effected. The only material change the Legislature made in section 2583 by the act in question was to increase the salaries of
But there is still another reason why the added words are of but small, if any, importance. These words were directory merely, although mandatory in form, for the reason that if an assessment were made without such inspection it would .be as valid as one where the inspection was actually made. Would any one be bold enough to assert that an assessment made by the board without inspection would be void or vulnerable to attack for that reason alone? No such contention could prevail. It seems quite reasonable, therefore, that the subject-matter contained in the amendatory act is not so incongruous nor inconsistent as to prevent it from being incorporated in one amendatory act. This also disposes of the claim of duplicity or plurality of subjects. While it may be conceded that an argument could be presented from a different point of view from which one may reason out a plurality of subjects, yet, as we have pointed out, we are not permitted to indulge such an argument for the purpose of invalidating an act of the Legislature. This is but just and reasonable. Both officers and laymen usually act, and are justified in acting, upon the law as passed by the lawmaking power. We should not, therefore, for slight and unsubstantial causes, declare a law regularly passed' invalid. To do this it should be clearly and unmistakably made to appear that the law is contrary to some constitutional requirement. This,
The judgment is therefore affirmed, with costs to respondent.