111 S.W.2d 862 | Tex. App. | 1937
This is an appeal by appellant, Texas Liquor Control Board, from a judgment of the district court of the Fifty-Fourth judicial district, rendered on September 27, 1937, setting aside and holding for naught an order of the administrator of Texas Liquor Control Board, entered on September 2, 1937, denying appellee, A. E. Warfield, a package store permit for the period commencing September 1, 1937, and further decreeing the issuance of a peremptory writ of mandamus, directing the Texas Liquor Control Board to issue to appellee a package store permit authorizing the sale of liquor upon the payment by appellee of certain charges.
Appellee has filed a motion asking dismissal of the appeal on the following grounds: (1) That the amendatory act, effective September 1, 1937, is invalid because it embraces two or more subjects in its title, to wit, liquor control and civil remedies and proceedings; (2) that the title or caption of the act is not sufficient to give notice that a right to appeal is embraced in the body of the act; and (3) that the act is an amendment of the liquor law, effective November 15, 1935, and embraces new matter in the amendment which is not germane or pertinent to that contained in the provision amended.
Section 35, article 3, of the Constitution, reads in part as follows: "No bill * * * shall contain more than one subject, which shall be expressed in its title." The pertinent provision of the Texas Liquor Control Act, effective as of November 15, 1935, Acts 1935, 2d Called Sess., c.
The amendatory act, in our opinion, expresses a single subject, and all of its provisions are fairly and legitimately within the general object mentioned in the title; that is, they relate, directly or indirectly, to the same subject, have a mutual connection, and are not foreign to the subject expressed in the title, and, for such reasons, the two subject inhibition of section 35, article 3, of the State Constitution, is observed. The right of appeal is incidental and auxiliary in carrying out the main object of the act, and is not within itself a distinctive object of legislation. State v. Parker,
It is a general rule that liberal construction will be indulged so as to aid conformance of a title to constitutional requirements; that is, if in the caption a purpose be but generally stated, that gives sufficient notice that all related and incidental matters may have attention in the body of the act, statement of the ultimate object will include warning of presence of details appropriate to achievement of the purpose. Doeppenschmidt v. International G. N. Ry. Co.,
The matter of appeal is expressed in the title of the amendatory act and the provisions of the amendatory act, in so far as they relate to an appeal, are germane and pertinent to the provisions of section 14 of the original Texas Liquor Control Act effective November 15, 1935.
*865The motion of appellee to dismiss appeal is overruled.