STATUTES-TITLE-COUNTIES

INDEBTEDNESS-FUNDS.

Laws 1901 c. 94, entitled "An act authorizing counties to fund their outstanding indebtedness," wsa not a violation of Const. Art. 3, § 21, though the title did not indicate the character of the indebtedness to be funded. Walling v. Lummis, 16 S. D., 350, 92 N. W., 1063. STATUTES-TITLE-INTOXICATING

LIQUORS MARRIED WOMEN'S

The provisions of Laws 1897, pp. 210, 211, c. 72, §§ 11, 16, declaring it unlawful for dealers in intoxicating liquors to sell to persons intoxicated, or in the habit of getting intoxicated, and giving a right of action to a married woman for damages from the sale of intoxicating liquors, are restrictions and regulations of the sale and therefore within the title, "An-act to provide for the licensing, restriction and regulation of the busness of sale of * the * * intoxicating liquors," and not violative

*

of Const. Art. 3, § 21.

Garrigan v. Kennedy et al., 19 S. D., 11, 101 N. W., 1081: STATUTE-TITLE-LANGUAGE.

The constitutional requirement that the subject of an act shall be expressed in its title, relates to substance and not to form, and the choice of language is a matter within the discretion of the legislature and the requirement is satisfied where the title fairly indicates the purpose of the act, and is not calculated to mislead, though it be not the most appropriate that could have been selected.

Morrow v. Wipf, 115 N. W., 1122.

STATUTE TITLE.

Const. Art. 3, § 21, must beliberally construed so as not to limit legislative enactments any more than is necessary, and, when the title of an act expresses a general subject or purpose which is single, all matters naturally and reasonably included in it, and all measures which will or may facilitate the accomplishment of the purpose are germane.

Morrow v. Wipf, 115 N. W., 1121. STATUTES—TITLES

WOMAN'S RIGHTS

INTOXICATING LIQUOR-ACTION-MARRIED

The provision of Laws 1897, pp. 210, 211, c. 72, §§ 11, 16, declaring it unlawful for liquor dealers to sell to persons intoxicated or in the habit of getting intoxicated, and giving a right of action to a married woman for damages from the sale of intoxicating liquors, are restrictions and regulations of the sale, and therefore within the title, "An act to provide for the licensing, restriction and regulation of the business of the * sale intoxicating liquors," and so not violative of Const. Art. 3,

of * * § 21.

*

Palmer v. Schurz, 117 N. W., 150; See State v. Ayres, 8 S. D., 517, 67 N. W. 611. TAXATION IN UNORGANIZED COUNTY.

See Dupree v. Stanley county, 8 S. D., 30, 65 N. W. 426. See State v. Ayres under Art. 6, Sec. 10. § 22. No act shall take effect until ninety days after the adjournment of the session at which it passed, unless in case of emergency, (to be expressed in the preamble or body of the act) the legislature shall by a vote of two-thirds of all the members elected of each house otherwise direct.

STATUTES--OPERATION-CONRACTS-EXEMPTIONS-DEBTS.

Laws 1890, Chap. 86, § 2, reducing exemptions previously in force, provided that all acts in conflict therewith were repealed, "save only as to contracts now existing." Held, that one against whom a judgment was rendered on a debt contracted subsequent to the passage of Laws 1890, but prior to the expiration of 90 days from the adjournment of the session at which it was passed, was entitled to claim the exemptions previously allowed. Long v. Collins, Sheriff, et al., 12 S. D., 621, 82 N. W., 95; See also State ex

rel. Lavin et al. v. Baçon under Art 3, Sec. 1, 14 S. D., 394; See also Art. 4, Sec. 4, in Re Opinion of Judges; See Art. 13, Sec. 4, Walling v. Lummis, 16 S. D., 350, 92, N. W., 1063.

§ 23. The legislature is prohibited from enacting any private or special laws in the following cases:

1. 2.

Granting divorces.

Changing the names of persons or places, or constituting one person the heir at law of another.

3.

4.

Locating or changing county seats.

Regulating county and township affairs.

5. Incorporating cities, towns and villages or changing or amending the charter of any town, city or village, or laying out, opening, vacating or altering town plats, streets. wards alleys and public ground.

6. Providing for sale or mortgage of real estate belonging to minors or others under disability.

7. Authorizing persons to keep ferries across streams wholly within the

state.

8.

Remitting fines, penalties or forefeitures.

9. Granting to an individual, association or corporation any special or ex clusive privilege, immunity or franchise whatever.

10. Providing for the management of common schools.

11. Creating, increasing or decreasing fees, percentages or allowances of public officers during the term for which said officers are elected or appointed. But the legislature may repeal any existing special law relating to the fore going subdivisions.,

In all other cases where a general law can be applicable no special law shali be enacted.

STATUTES-SPECIFIC-GENERAL-COUNTIES

BOUNDARIES.

Since it was the function of the legislature to determine whether or not a general law could be made applicable to an unspecified subject, a special act (Laws 1897, c. 41), providing for a change of the boundaries of Stanley county, was not in violation of the Constitutional provision.

Stuart et al. v. Kirley et al., 12, S. D., 246. 81 N. W.. 147; See also Art 13, § 5, Heyler v. City of Watertown, 16 S. D., 25, 91 N. W. 334. COUNTIES

INSANE-SUPPORT-CHARGES-ESTATE.

Laws 1895, Chap. 98, § 1, making the expenses incurred by a county in caring for an insane person a charge against his estate, where such insane person has no heirs within the United States dependant on said estate for support, does not violate Const. Art. 3, § 23, or Art. 6, § 18.

Bon Homme County v. Berndt et al., 13 S. D., 309, 83 N. W., 333.

§ 24. The legislature shall have no power to release or extinguish, in whole or in part, the indebtedness, liability or obligation of any corporation or indi vidual to this state, or to any municipal corporation therein.

LIABILITIES-RELEASE

The legislature having, under Const. Art. 3, § 24, no power to release or extinquish a liability to the state, Laws 1897, c. 84, attempting to release any rights of the state in certain lands, is inoperative.

State v. Mellette, 16 S. D.. 298, 92 N. W., 395.

$ 25. The legislature shall not authorize any game of chance, lottery of gift enterprise under any pretense, or for any purpose whatever.

§ 26. The legislature shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any municipal improvement, money, property, effects, whether held in trust or other wise, or levy taxes, or to select a capital site, or to perform any municipal func tions whatever.

DELEGATION OF MUNICIPAL FUNCTIONS-COMMISSIONS.

Laws 1905, p. 275, c. 163, creating a board, to be known as the "State Capitol Commission," for the purpose of procuring the erection of a capitol building and authorizing the commission to procure the erection of a build

ing, adopt plans and specifications, etc., is not in conflict with Const. art. 3, § 26.

Davenport v. Elrod et al., 20 S. D., 567, 107 N. W., 833, Capitol Com'rs.

§ 27. The legislature shall direct by law in what manner and in what courts suits may be brought against the state.

§ 28. Any person who shall give, demand, offer, directly or indirectly, any money, testimonial, privilege or personal advantage, thing of value to any executive or judicial officer or member of the legislature, to influence him in the performance of any of his official or public duties, shall be guilty of bribery and shall be punished in such manner as shall be provided by law.

The offense of corrupt solicitation of members of the legislature, or of public officers of the state, or any municipal division thereof, and any effort toward solicitation of said members of the legislature or officers to influence their official action shall be defined by law, and shall be punishable by fine and imprisonment. Any person may be compelled to testify in investigation or judicial proceedings against any person charged with having committed any offense of bribery or corrupt solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself, but said testimony shall not afterward be used against him in any judicial proceeding except for bribery in giving such testimony, and any person convicted of either of the offenses aforesaid, shall be disqualified from holding any office or position or office of trust or profit in this state.

ARTICLE IV.

EXECUTIVE DEPARTMENT.

§ 1. The executive power shall be vested in a governor who shall hold his office two years. A lieutenant governor shall be elected at the same time and for the same term.

§ 2. No person shall be eligible to the office of governor or lieutenant governor except a citizen of the United States and a qualified elector of the state, who shall have attained the age of 30 years, and who shall have resided two years next preceding the election within the state or territory; nor shall he be eligible to any other office during the term for which he shall have been elected. § 3. The governor and lieutenant governor shall be elected by the qualified electors of the state at the time and places of choosing members of the legislature. The persons respectively having the highest number of votes for governor and lieutenant governor shall be elected; but if two or more shall have an equal and highest number of votes for governor or lieutenant governor, the two houses of the legislature at its next regular session shall forthwith, by joint ballot, choose one of such persons for said office. The returns of the election for gov. ernor and lieutenant governor shall be made in such manner as shall be prescribed by law.

§ 4. The governor shall be commander-in-chief of the military and naval forces of the state, except when they shall be called into the service of the United States, and may call out the same to execute laws, suppress insurrection and repel invasion. He shall have power to convene the legislature on extraordinary occasions. He shall, at the commencement of each session, communicate to the legislature by message, information of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall transact all necessary business with the officers of the government, civil and military. He shall expedite all such measures as may be resolved upon by the legislature, and shall take care that the laws be faithfully executed. LANDS-GRANTS

MILITIA-ENCAMPMENT GROUNDS.

Act. Cong. Oct. 1, 1890, granted lands to the state to be used as a permanent camp and parade ground, and for such other purposes, in connection with the training and education of the militia, as the legislature may direct, the lands to revert to the United States when the state shall cease to use. them for such purposes. Held that, in the absence of legislative provision,

such lands are in the care and control of the governor, as commander in chief of the military forces of the state.

In re opinion of Judges, 13 S. D., 191, 83 N. W., 96.

§ 5. The governor shall have the power to remit fines and forfeitures, to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment; Provided, that in all cases where the sentence of the court is capital punishment, imprisonment for life, or for a longer term than two years, or a fine exceeding two hundred dollars, no pardon shall be granted, sentence commuted or fine remitted, except upon the recommendation in writing of the board of pardons, consisting of the presiding judge, secretary of state and attorney general, after full hearing in open session, and such recommendation, with the reasons therefor, shall be filed in the office of the secretary of state; but the legislature may by law in all cases regulate the manner in which the remission of fines, pardons, commutations and reprieves, may be applied for. Upon conviction for treason he shall have the power to suspend the execution of the sentence until the case shall be reported to the legislature at its next regular session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall communicate to the legislature at each regular session each case of remission of fine, reprieve, commutation or pardon, granted by him in the cases in which he is authorized to act without the recommendation of the said board of pardons stating the name of the convict, the crime of which he is convicted, the sentence and its date, and the date of the remission, commutation, pardon or reprieve, with his reasons for granting the same.

§ 6. In case of death, impeachment, resignation, failure to qualify absence from the state, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant governor.

§ 7. The lieutenant governor shall be president of the senate, but shall have only a casting vote therein. If during a vacancy in the office of governor the lieutenant governor shall be impeached, displaced, resign or die, or from mental or physical disease or otherwise become incapable of performing the duties of his office, the secretary of state shall act as governor until the vacancy shall be filled or the disability removed.

§ 8. When any office shall, from any cause, become vacant and no mode is provided by the constitution or law for filling such vacancy, the governor shall have power to fill such vacancy by appointment.

OFFICE-VACANCY-EXECUTIVE POWER-TERM.

1. There being no provision for filling vacancies in Article 14 of the Constitution, creting a board of regents of education, nor in the act of the legislature enacted to carry into effect that article, a vacancy in such board can only be filled by the governor, pursuant to the provisions of section 8, Art. 4, of the Constitution.

2.

By that section, the power of the governor under such conditions to fill a vacancy, is for the unexpired term of the member whose place the appointment is made to fill.

3. When a vacancy is filled by appointment by the governor under the provisions of that section, no confirmation of the appointment by the senate is required.

4. The sections of the Constitution should be construed together, and such a construction given to them as will give effect to each section, and as far as possible harmonize their provisions.

5. So construed, the clause of section 3, Art 14, should be construed to read, "except in cases of vacancies filled by appointment by the governor."

State ex rel, Holmes, State's Attorney, v. Finnerud, 7. S. D., 237, 64 N. W.. 121; See also State ex rel. Lavin v. Bacon, 14 S. D., 284-394, Article 14, Sec. 2, 85 N. W. 225; State ex rel. Wood v. Sheldon, Art. 14, Sec. 3.

§ 9. Every bill which shall have passed the legislature, shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, but if not, he shall return it with his objection to the house in which it originated, which shall enter the objection at large upon the journal and proceed to reconsider it. If after such reconsideration, two-thirds of the members present shall agree to pass the bill, it shall be sent, together with the objection, to the other house, by which it shall likewise be reconsidered. and if it be approved by twothirds of the members present, it shall become a law; but in all such cases the vote of both houses shall be determined by the yeas and nays, and the names of the members voting for and against the bill shall be entered upon the journal of each house respectively. If any bill shall not be returned by the governor within three days (Sundays excepted) after it shall have been presented to him, the same shall be a law, unless the legislature shall by its adjournment prevent its return; in which case it shall be filed, with his objection, in the office of the secretary of state, within ten days after such adjournment, or become a law.

10. The governor shall have power to disapprove of any item or items of any bill making appropriations of money embracing distinct items, and the part or parts of the bill approved shall be law, and the item or items disapproved shall be void, unless enacted in the following manner: If the legislature be in session he shall transmit to the house in which the bill originated a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as is prescribed for the passage of bills over the executive veto.

§ 11. Any governor of this state who asks, receives or agrees to receive any bribe upon any understanding that his official opinion, judgment or action shall be influenced thereby, or who gives or offers, or promises his official influence in consideration that any member of the legislature shall give his official vote or influence on any particular side of any question or matter upon which he may be required to act in his official capacity, or who menaces any member by threatened use of his veto power, or who offers or promises any member, that he, the said governor, will appoint any particular person or persons to any office created or thereafter to be created, in consideration that any member shall give his official vote or influence on any matter pending or thereafter to be introduced into either house of said legislature or who threatens any member that he, the said governor, will remove any person or persons from any office or position with intent to in any manner influence the official action of said member, shall be punished in the manner now, or that may hereafter be provided by law, and upon conviction thereon shall forfeit all right to hold or exercise any office of trust or honor in this state.

§ 12. There shall be chosen by the qualified electors of the state at the time and places of choosing members of the legislature, a secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of school and public lands, and an attorney general, who shall severally hold their offices for the term of two years, but no person shall be eligible to the office of treasurer for more than two terms consecutively. They shall respectively keep their offices at the seat of government.

§ 13. The powers and duties of the secretary of state, auditor, treasurer, superintendent of public instruction, commissioner of school and public lands and attorney general shall be as prescribed by law.

SECRETARY OF STATE-FEES-BRAND AND MARK COMMISSION

Under Laws 1897, c. 90, making the secretary of state a member of the brand and mark committee, and providing that 20 per cent, of the fees paid under said act shall be paid to each member of said state brand and mark committee as full compensation for their services, the secretary of state is entitled to receive such 20 per cent, in addition to his salary as secretary of state, as compensation for his services as a member of the brand and mark committee, notwithstanding Const. Art. 4, 13; Id. Art. 21, § 2.

State v. Roddle, 12 S. D., 433, 81 N. W., 980; See State v. Becker, 3 S. D., 29, Art. 3. Sec. 21, 51, N. W., 1019.