79 N.W. 863 | N.D. | 1899
Plaintiff brought this action against Stark County to procure by a civil action relief formerly recoverable by information in the nature of quo warranto. There was a general demurrer to the complaint, under which, of course, no question as to parties plaintiff or form of action could be raised. .The demurrer was sustained, and plaintiff appeals from the order. It is conceded that the case turns exclusively upon the constitutionality of chapter 25, Laws 1895. Plaintiff brings this action upon the theory that such act is unconstitutional. If he is in error, he must fail. The act is attacked as violating a number of the provisions of the constitution, but we shall confine ourselves to a consideration of section 61, which reads: “No bill shall embrace more than one subject, which shall be expressed in its title, but a'bill which violates this provision shall be invalidated thereby only as to so much thereof as shall not be so expressed.” This section has on three-
With this statement of general principles, we may proceed with an examination of the statute in question. It is entitled “An act to increase the revenues of the state by changing and increasing the boundaries of the counties of Billings, Stark and Mercer.” It requires no studied analysis of this title to discover — First, that the declared subject of the act is an increase in the revenues of the state; and, second, that the remainder of the title but specifies the means and instrumentalities by which that increase is to be secured. But the allegation of the means and instrumentalities in no manner affects the announced subject. If the title be good, it does not require the additional allegations. If the title be bad, the additional allegations cannot cure it. For the purpose of the question under discussion, the title is simply “An act to increase the revenues of the state.” Turning to the body of the act, we find it contains five sections: The first fixes the boundaries of Billings county, the second fixes the boundaries of Stark county, and the third fixes the boundaries of Mercer county. The fourth section provides that the provisions of the three preceding sections' shall not go into effect until the matter has been submitted to a vote of the qualified electors of the respective counties. The fifth repeals all conflicting laws. From first to last, there is no reference, in terms, to the revenues of the state in the body of the act. But counsel for respondent insists that this Court must take judicial notice that the necessary result of the act was to increase the revenues of the state. We do not so understand it. True, we may take notice that all the vast expanse added to the counties named by the act consists of unorganized counties. But, while we have no doubt of its truth, we cannot take judicial knowledge of the fact that such territory is but sparsely populated, and is covered with vast and valuable herds of cattle, horses, and sheep. But that fact cannot aid respondent. Under the law as it. stood prior to the passage of this act, all taxable property in unorganized counties was taxed for state purposes in all respects the same as property in organized counties. Sections 1336 to 1339, inclusive, Rev. Codes. No increase in the revenue of the state was possible under the provisions of the act. This is not a case where the act is broader than the title, or where the title is broader than the act. It is simjply a case where the subject as named in title is not adverted to in the body of the act, and where the subject as set forth in the body of the act is not named as a subject in the title. We would have a very different case had the title read “An act to increase the revenues of the state and changing and increasing the boundaries of the counties of Billings, Stark and Mercer.” Then, clearly, the title would have expressed two subjects; and, if the first was in no manner mentioned in the body of