51 S.C. 51 | S.C. | 1897
The opinion of the Court was delivered by
This was an application, addressed to this Court, in the exercise of its original jurisdiction, by the defendant, for a discharge under a writ of habeas corpus. It appears from the sheriff’s return do the writ that the defendant was committed to his custody, “By virtue of an order of arrest for the violation of act No. 98, laws of 1896, in that being a citizen of the county of Charleston, he did catch fish for profit in the waters of Berkeley County, to me directed, a copy of which, annexed, I transmit to you.”
The only question made at the argument of the case was whether the act mentioned was in violation of the Constitution. It was contended, on the part of the defendant, that the act in question violated two of the provisions of the Constitution, which went into effect “from and after the thirty-first day of December, in the year of eighteen hundred and ninety-five.” These two provisions are: First section 5 of art. I., which reads as follows: “The privileges and immunities of citizens of this State and of the United
There is another peculiarity about this act. The phraseology employed in the third section leaves it at least doubt
But, again, if, as we have seen above, this act is a local or special law, it violates the provisions of sec. 34 of art. III., cited above, provided it concerns any of the subjects, or is for any of the purposes mentioned in that section. The manifest object of the act was to protect fish in the waters of Colleton and Berkeley Counties, and if fish can be regarded as game, then being a local or special law providing for the protection of game, it is in conflict with the section of the Constitution last referred to, for that section expressly forbids the enactment of any local or special law “to provide for the protection of game.” The authorities clearly show that fish can and should be classed as game.
It seems to us, also, that the act in question, viewed in the light contended for by the State, must be regarded as in violation of another subdivision of sec. 34 of art. III. Subdivision XI. of that section declares that: “In all other cases, where a general law can be made applicable, no special law shall be enacted.” It is very clear that this is a case where a general law could have been made applicable. This is conclusively shown by the terms of the first section of this very act, which, if it stood alone, would have been a good general law; but when the legislature saw fit, by the provision in the third section, to limit its operation to certain specified localities, the act was deprived of its character as a general law, and became a special or local law concerning a subject, and for a purpose expressly forbidden by the Constitution.
In accordance with these views, an order has heretofore been granted, discharging the defendant from custody.