128 Ga. 661 | Ga. | 1907
Governor Yance was accused, in the city court of Americus, of a misdemeanor in violating the act of August 15, 1903 (Acts 1903, pp. 90, 91), relative to the procurement of fraudulent advances on a contract to perform services. He demurred to the accusation, attacking the act referred to as unconstitutional, on various grounds. The demurrer was overruled, and the case was carried by bill of exceptions to the Court of Appeals. That court, under the constitutional provision creating it, certified to this court the constitutional questions for decision. We take up the questions seriatim.
If the act of 1903 sought to make it penal to violate a contract or fail to pay a debt, it would be patently unconstitutional. But this court has held that “such act does not violate the constitutional inhibition against imprisonment for debt; the legislative purpose being, not to punish for a failure to comply with the obligation, but for the fraudulent intention with which the money or other thing of value is procured.” Lamar v. State, 120 Ga. 312; Banks v. State, 124 Ga. 15 (4); Townsend v. State, 124 Ga. 69. This being true, it is apparent that the objection is without merit. In the nature of things the master does not ordinarly procure advances from his servant, or the employer from his employee. Legitimate classifi
• If the act made the presumption of intent arising from proof •of certain facts conclusive, rather than disputable, or if the inference was arbitrary and without reasonable connection with the premises on which it was predicated, a more serious question would arise. But such is not the case. Intent is in most cases necessarily inferred from some act or acts done. Many instances might be given. Thus, the presumption of malice from evidence showing a voluntary homicide unaccompanied by circumstances of .justification or mitigation. Mann v. State, 124 Ga. 760. Suppose that the legislature had enacted the rule laid down in this case, in the exact language of this court. Would it become unconstitutional by reason of such enactment, or would it be less a valid rule if prescribed by the legislature than if settled by decisions of the court? See State v. Barrett, 138 N. C. 630 (50 S. E. 506); Robertson v. People, 20 Colo. 279 (38 Pac. 326); Voght v. State, 124 Ind. 358 (24 N. E. 680); Note to Banks v. State, 2 L. R. A. (N. S.) 1007. The act is not unconstitutional on this around.
The act of 1903 is not unconstitutional for any of the reasons urged against it. Let this decision be certified to the Court of Appeals, as by law provided.