are not surprising; these divergencies lead to permanent contrarieties bounded by state lines. Under such circumstances it is important that cognate cases be often collated and their principles generalized, with a view to maintaining the domain of the law as a science by remarking the true lines.

The frequent assertion of sound doctrine with copious illustrations is promotive of harmony. The author has embodied in this work the result of thorough reading of the cases, and a thoughtful and earnest endeavor to extract and put in elementary form their best teaching. And he submits it in the modest hope that his fellow-practitioners and the courts may find it useful and contributory to that end. J. G. S.

SALT LAKE CITY,
December, 1890.

TABLE OF CONTENTS.

VOLUME L

CHAPTER I

THE LEGISLATIVE POWER AS DISTINGUISHED FROM OTHER SOVEREIGN

POWERS, AND THE GENERAL NATURE OF STATUTORY LAW.

§ 1. The order of subjects.

2-5. The three departments of government and their respective

11, 12.

13-15.

Legislative rules of action - essential limitations.

Statutes have no extraterritorial effect.

16, 17. Extraterritorial operation of laws in case of colonization of

of a new country.

18, 19. English statutes passed after the establishment of the col

onies.

20. Continuance of laws after a change of sovereignty.

26. Territories have but temporary governments - Are in tutelage

to become states.

CHAPTER II.

THE ENACTMENT OF LAWS AND HOW THEIR EXISTENCE IS ESTABLISHED.

31. Constitutional provisions prescribing parliamentary procedure.

32-43. Courts holding enrolled act conclusive.

44. Courts holding enrolled act not conclusive - Constitutional

provisions as to procedure mandatory.

45. Legislative journals as evidence.

§ 46. Unreliability of the journals.

47, 48. Evidence to impeach enrolled bill - Legislative journals.

49. Court will not act on admission of parties.

50. Presumption in favor of enrolled act.

51.

Enrolled act not impeached by silence of journals.

52.

What sufficient to impeach enrolled act.

53. Matters which the constitution expressly requires to be entered

in journal.

54, 55. Required reading, printing and reference of bills.

56. Necessity of signature of presiding officers.

57-59. How the question of the due passage or enactment of

statutes is tried.

60, 61. Approval by executive.

62, 63. How a bill will become a law without approval.

64.

65.

66.

67, 68.

Presentation to executive - Veto.

Extra sessions.

Limitation of time for introduction of bills or duration of ses-

sion.

Forms of legislation.

69, 70. Constitutional provisions as to enacting style held directory.

71-73. Constitutional provisions as to enacting style held manda.

tory.

74. Enrolled act conclusive as to words of statute.

75. Adoption of code or revision by reference.

76. Statutes and legislative rules relating to the enactment of laws.

77. Federal courts follow state courts.

78. Notice of private and local bills.

79. Where the power to legislate upon a subject is conditioned upon

the existence of certain facts.

80. Miscellaneous cases as to procedure in the enactment of laws.

CHAPTER III.

VALIDITY OF STATUTES IN GENERAL AND DELEGATION OF THE LEGIS-

§ 81.

LATIVE POWER.

The constitution a limitation - Legislative authority plenary.

82. Presumption in favor of validity.

83. Statutes construed, if possible, so as to be valid.

84. Fraud or conspiracy in passing act.

85. Considerations of the justice, wisdom and policy of statutes-

Spirit of the constitution.

86. When statutes void for uncertainty.

87, 88. The legislative power cannot be delegated.

89. What is a delegation of legislative power-Authority to make

rules and regulations.

90. Power to suspend and put in force a statute at pleasure.

§ 91. Authority to prescribe form of insurance policy.

92. Acts for the incorporation of municipalities or for annexing or

excluding territory.

93. Acts held to be a delegation of legislative power.

94. Acts held not to be a delegation of legislative power.

96-98. Effect of submitting laws or questions controlling their

effect to popular vote of the state at large.

99. Cases maintaining the constitutionality of such acts.

100. The operation and terms of an act may be made to depend on

foreign legislation.

101. Effect of giving president power to suspend operation of act.

102. Local laws dependent on popular vote generally held valid.

103. Operation of law dependent upon adoption by corporate au-

thorities.

104. Operation of general law dependent upon local adoption.

105. Adoption must be co-extensive with territory affected by the

law.

106. Municipalities may not be authorized to make or amend their

charters.

107. Other decisions on the validity of statutes.

108. Acts done under an invalid statute.

CHAPTER IV.

CONSTITUTIONAL REQUIREMENT THAT NO ACT EMBRACE MORE THAN ONE

SUBJECT AND THAT IT BE EXPRESSED IN THE TITLE.

§ 109, 110. Substantial agreement of constitutional provisions - Ex-

ceptions.

111. The mischief intended to be remedied—The purpose of these

restrictive provisions.

112-114. Regarded as mandatory.

115. Liberally construed to sustain legislation not within the mis-

chief.

116. The subject or object of a statute.

117. The constitution does not restrict the scope of the subject em-
braced by an act.

118. The provisions of an act must be germane to one subject.

119. Requirement as to form or manner of expressing subject in title.

120. The subject in an act can be no broader than the statement of

it in the title.

121. Requisites of title generally-It need not index the details of

the act.

122. Effect of "etc.," "and so forth," "and for other purposes," in

title.

123. Title misleading by reason of generality.

124. The title may be broader and more comprehensive than the act.

$125. Misleading titles.

126. The title should accompany a bill in its passage through the

legislature.

127, 128. Title and act liberally construed to sustain legislation.

129. The subject or object stated generally in the title includes in-

cidents and subsidiary details.

130. The subject or object stated generally in the title includes the

abolition of things inconsistent.

131. Where the title expresses a general subject and also details,

particulars or sub-titles.

132. Effect of title referring to act or other sources of information.

133. Errors in title, and whether title can be corrected by act or

otherwise.

134. The subject may be expressed by the description of its parts or

subdivisions.

135. Words of act restrained or qualified by title.

136. Acts to prohibit, regulate, protect, etc., imply penalties and

civil liabilities.

137. The title and subject of amendatory and supplemental acts—

General principles.

138. Effect of error or uncertainty in title of amendatory act.

139. Effect of title specifying the section or sections to be amended.

140. Effect of title indicating the amendments to be made - Whether

a limitation.

141. Whether title specifying section is sufficient, without giving

title or subject of act amended — References to codes and

compilations, official and otherwise.

142. Title of amendatory acts - Illustrations and miscellaneous

cases.

143. Whether an act embraces a plurality of subjects.

144. Effect of duplicity of subject in act or title.

145. Provisions in an act not within the subject expressed in the

title - Examples.

146. Acts incorporating or relating to railroads and common car-

riers.

147. Acts creating, regulating or otherwise relating to corporations

in general.

148. Acts to create municipal corporations or to revise, amend or

consolidate their charters.

149. Acts relating to light, water, railroads, etc., in municipalities

150. Acts relating to municipal streets, improvements, buildings,

lands, etc.

151. Acts relating to the annexation and exclusion of territory to or

from municipalities.