32 Wash. 294 | Wash. | 1903
The opinion of the court was delivered by
This is a bastardy proceeding, begun in the superior court of Skagit county by one John Jungquist, who alleged in his complaint that an unmarried woman (naming her) was pregnant with child, which, if born alive, would be a bastard, and charged the appellant with being the father of such unborn child. Summons was duly issued and served on the appellant, after which he appeared in the action and demurred to the complaint on various grounds, some of which went to the jurisdiction of the court.' On his demurrer being overruled, he pleaded not guilty, and a trial was had, resulting in a verdict of guilty, on which he was adjudged to make a monthly payment to the mother of the child for the child’s support. He appeals from the judgment entered against him.
The act under which the proceedings against the appellant were had. first appears on the statute books in the Code of 1881. It was enacted by the territorial legislative assembly of that year as a part of a general penal code under the title “An act relative to crimes and punishments and proceedings in criminal cases.” The act was the second of a series of four, intended to form a general code, the others being denominated a “code of civil procedure,” a “probate practice act,” and a “justices’ practice act.” The sections of these several acts were numbered consecutively in the enrolled bills throughout the entire series, those of
The act of Congress (Act March 2, 1853, ch. 90, § 6, 10 St. at Large, 175) providing for the organization of the territory of Washington empowered its legislative assembly to legislate upon all rightful subjects of legislation not inconsistent with the constitution or laws of the United States, but provided that “every law shall embrace but one object, and that shall be expressed in the title.” Construing a similar provision in the state constitution, this court held in Marston v. Humes, 3 Wash. 267 (28 Pac. 520), .that under the title “An act to provide a Code of Civil Procedure,” it would be legal for the legislature to enact an entire civil code, although such an act would include numerous subheads and subjects; saying that “the legislature may adopt just as comprehensive a title as it sees fit, and if such title when taken by itself relates to a unified subject or object, it is good, however much such unified subject is capable of division.” Tested by this rule, it is clear that it was competent for the legislature, under the title which it adopted for the act in question, to include in the body of the act anything which related to crimes and their punishment and proceeding of a criminal nature; but it is equally clear, also, that under such a title provisions of a civil nature cannot be legally enacted. Whether, therefore, the particular act in question is a valid or invalid enactment depends upon what answer is given to the question, is it a criminal proceeding ? Looking to the statute itself, it seems to contain none of the elements of
It is said, however, that this conclusion does not necessarily render the judgment appealed from void, because the judgment can he sustained under the common-law obligation of a father to support his child. But in the absence of a statute there is no legal obligation on the part of a putative father to support his illegitimate child. At the common law a bastard was nullius filius, and was incapable of inheriting either from his putative father or
The judgment appealed from is reversed, and the cause remanded, with instructions to enter a judgment dismissing the action.
Hadley, Andees and Mount, JJ., concur.