92 Va. 59 | Va. | 1895
delivered the opinion of the court.
There is but a single question involved in this case, and that relates to the constitutionality of section 1220 of the Code of Yirginia. Its validity is assailed by the plaintiff in error on several grounds.
The first and main objection is based on sec. 7 of Art. YIII. of the’Constitution of the State, which sets apart as a
Section 1215 prescribes the rates which an express company may charge, and section 1220 provides a pecuniary forfeiture for their violation. The gravamen of this suit is that the express company, in exacting payment of the defendant in error for a package carried by it, exceeded the rate allowed by law. For the express company to charge for carrying packages of goods and moneys is a perfectly legitimate act. It is in no sense criminal. The act complained of here is entirely innocent in itself, and is only contrary to law
The Constitution of Indiana contains a provision very similar to that under discussion in the Constitution of our own State. It provides that the Common School Eund of the State shall consist of, and be derived from, “ the fines assessed for breaches of the penal law of the State, and from all forfeitures which may accrue.” A statute was enacted imposing a certain duty upon every corporation or person operating a railroad in that State, and affixing a penalty for its violation, to be recovered in a civil action in the name of
But if the constitutional provision so relied on to invalidate section 1220 were susceptible of the construction contended for by the counsel for the plaintiff in error, it would not invalidate it. Such conclusion could only be reached by a very literal and narrow construction. The Constitution does not impose fines nor provide for their enforcement. To the Legislature belongs the duty of providing for their enforcement and collection, and also of imposing them, except where they are imposed by the common law. It could not have been intended or expected by the framers of the Constitution that the laws imposing fines for offences could be enforced or collected without cost or expense. They must have contemplated that fines, in being enforced and collected, should bear the burden of such means as the Legislature might deem best adapted to compel their, enforcement and collection, and only intended to appropriate to the Literary Eund the amount coming to the State, after deducting such part as the Legislature may have set apart to secure their enforcement and
Moreover, it has been the practice of the Legislature, for a hundred years or more, in declaring forfeitures and fixing fines in certain cases, to provide, with the view of stimulating prosecutions in such cases, that an informer should be entitled to a part of the forfeiture or fine. Many such statutes were in the Code of Laws of the State and in force at the formation of the present Constitution, when sec. 7 of Art. YIII. was introduced for the first time into the organic law.
It is to be presumed that its framers were familiar with these statutes. And being familiar with them, it could hardly be that they intended to invalidate them, or by such indirection to prohibit a long-established policy of the Legislature, but that they simply intended to dedicate to the Literary Fund that part of such forfeitures and fines which was reserved to the State. So, then, in neither view is section 1220 repugnant to the Constitution.
It is next contended that,the minimum fine of $100.00 is excessive, and in violation of sec. 11, Art. I., of the Constitu
It is further contended that the statute is unconstitutional in that it fails to prescribe a maximum limit to the forfeiture, and thus places it within the power of a jury, through
The question as to an excessive fine is a judicial one, and does not affect the validity of the -statute. When, if ever, any such fine is imposed by a jury, the corrective hand of the court will annul it, in accordance with the letter and spirit of the Bill of Bights.
The only remaining objection to the statute is that it is repugnant to Art. YIII. of the Amendments to the Constitution of the United States. It is a sufficient answer to this objection to say that the Supreme Court of the United States has held, time and again, that the eighth article of the said amendments has reference solely to powers exercised by the Government of the United States, and does not apply to the States. O'Neil v. State of Vermont, 144 U. S. 323 ; Eilenbecker v. District Court of Plymouth County (Iowa), 134 U. S. 31; Pervear v. Massachusetts, 5 Wall. 475, and Livingston v. Moore, 7 Peters 469.
There is no error in the judgment of the Circuit ■ Court, and it is therefore affirmed.
Affirmed.