3 Or. 515 | Or. | 1869
It is contended that the act of the legislature authorizing the removal of the county seat of Umatilla county is unconstitutional, and that all the proceedings under it are void, for the reason, it is claimed, that several distinct subjects of legislation are embraced in the act, and whereas only one subject is expressed in the title.
Art. 4, sec. 20, of the constitution, provides that “every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.”
The title of this act is, “an act to change the location of the county seat of Umatilla county.” It is true that this act provides for the submission of the question of the change of location to the voters, the selection of the new site and the removal of the county buildings; but we apprehend that those are all matters properly connected with the “change of the location,” which is the subject expressed in the title of the act. If the construction contended for by appellants should prevail, the title of a bill would necessarily be nearly as long as the act itself. Such a construction we apprehend was never contemplated By the convention in adopting this provision of the constitution. The object of the provision evidently was to prevent matters wholly foreign and disconnected from the subject expressed in the title from being inserted in the body of the act. This restriction is a very important one, and well calculated to prevent imposition being practiced - upon unsuspecting members, by procuring their votes for bills with fair titles, which contain objectional matters unconnected with the subject expressed in the title. By this act, the change'of location of the county seat was made to depend upon the vote of the electors of the county. This act was authorized by art. 1, sec. 21, which provides that “laws locating county may take effect or not upon a vote of the electors interested.”