23 Kan. 491 | Kan. | 1880
This case hinges on the constitutionality of article 17 of the code of criminal procedure. That article treats solely of the “custody and management of the estates of convicts,” and its constitutionality is challenged under §16 of art. 2 of the constitution, which provides that “ no bill shall contain more than one subject, which shall be clearly expressed in its title.” The act is entitled “An act to establish a code of criminal procedure,” and is divided into seventeen articles, each treating of separate matters. This challenged article provides for the appointment, by the probate court, of a trustee of the estate of a convict imprisoned in the penitentiary for a term less than life. Its various sections prescribe the manner of application, the appointment, the bond, the powers and duties of such trustee, etc. Now the contention is, that all this is no part of criminal procedure. It has nothing to-do with the prevention of or the prosecution for crime. It becomes operative and has life only when everything in the nature of criminal proceeding has culminated into sentence, and is essentially a civil proceeding for the custody and care of property pending a personal disability of the owner. The proceedings are not only civil in their nature, but are also committed to a civil rather than a criminal court, for as counsel say, “the probate court is one of the most innocent courts in the world.”
On the other hand, the argument is, that the title is general and broad; that the expression “criminal procedure” is broad enough to include, not merely every proceeding in the prosecution of crime, but any proceeding which is connected with, or directly caused by the crime, and which aims at the adjustment of rights disarranged by it. It is broader than the phrase, “proceedings in criminal cases;” it includes such proceedings, and all other proceedings which spring out from them. In other words, it compasses the whole law of proceeding and remedy 'which the face of crime necessitates. As a fact, our code of criminal procedure includes provisions disposing of
While conceding the force of the argument against, we yield our assent to that supporting this article. Legislation is not to be pronounced unconstitutional, unless clearly so. Here no single section which might surreptitiously be inserted in a bill is challenged, but an entire article. It is an .article of long standing and'repeated enactment by the legislature, and under the same and even a narrower title it appears as art. 10 in ch. 129 of the laws of 1855, entitled “An act to regulate proceedings in criminal cases.” It is a part of the-act of 1859, which has the same title as the present act. It was reprinted in the compilation of 1862. It was reenacted in 1868, and is in the compilation of 1879. In other words, this article has stood from the very first legislation of the territory as a part of the chapter concerning criminal procedure — repeatedly before the legislature, and repeatedly reenacted; and this is the first time its validity
We think the constitutionality of the article must be sustained; and there being no other substantial objection to the petition, the judgment of the district court will be reversed, and the case remanded with instructions to overrule the demurrer.