House v. Creveling

147 Tenn. 589
CourtTennessee Supreme Court
DecidedDecember 15, 1922
StatusPublished
Cited by42 cases

This text of 147 Tenn. 589 (House v. Creveling) is published on Counsel Stack Legal Research, covering Tennessee Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
House v. Creveling, 147 Tenn. 589 (Tenn. 1922).

Opinion

Mr. Justice Green

delivered the opinion of the Court.

The above-styled cases were consolidated by consent of the parties, and were heard together in the lower court and in this court.

The three suits were brought by state officials to enjoin interference with the possession of the offices they held. It was alleged tha the defendants were claiming to be entitled to exercise the function*, of the offices held by complainants by reason of the provisions of an act of the legislature known as House Bill No. 183, approved by the Governor January 31, 1923. It was averred that said act was unconstitutional and void. A temporary restraining order was issued by the chancellor, and answers were filed by the defendants. The chancellor sustained the validity of the act and dismissed the three bills, from which decree the complainants have appealed to this court.

The discussion here has been confined to the question of the constitutionality of the act.

The first assault made upon the act is that it violates section 17 of article 2 of the Constitution, in that: (1) It contains more than one subject; (2) that the body of the act is broader than the caption; and (3) that it undertakes [595]*595to repeal former laws without reciting in its caption or otherwise the title or substance of such laws.

It is first contended that the caption of the act expresses no subject of legislation whatever. We think this is a mistake.

The title of the act is as follows:

“An act to reorganize the administration of the State in order to secure better service and through co-ordination and consolidation to promote economy and efficiency in the work of the government, creating and establishing certain departments and. offices and prescribing their powers and duties, fixing certain salaries, abolishing certain offices, boards, commissions and ether agencies, and repealing conflicting acts and parts of acts.”

The subject of the act seems rather plain from an inspection of the title. It proposes “to reorganize the administration of the State” in the manner indicated.

As here used, the word “administration” means the executive part of government. This is the primary meaning of the word as defined by Noah Webster. It is so used by such authorities as Lord Macaulay and Dr. Johnson. It is so used by all counsel in this case who refer to this act sponsored by the chief executive as the “administration bill.”

“The administration of government means the practical management and direction of the executive department. . . .” Black’s. Law Dictionary.

The word is sometimes used to express a broader meaning, but commonly indicates the executive machinery of government.

It is argued, if this be the subject of the act, the body of it is too broad, because it is said to regulate matters of a [596]*596judicial and legislative nature. Tbe argument is thal tbe act contains provisions with reference to tbe state board of law examiners, wbicb is said to be a judicial body; that it confers judicial powers on tbe state equalization board created by the act, and that it undertakes to abolish the office of tbe fire prevention commissioner, who is said to be quasi a judicial functionary; that it undertakes to regulate tjie expenses of tbe supreme court; and that it gives legislative power to certain commissioners.

Tbe board of law examiners is only affected in this, that by section 39 of tbe act tbe registrar of professions and trades is made a sort of secretary and treasurer for tbe board to receive all applications for licenses, and to collect all fees fixed by law in connection with tbe work of that board. His other duties, in so far as this board is cohcerned, must be performed with the consent of tbe board, and no judicial function of tbe board is conferred upon this official, if it be conceded that tbe board of law examiners is a judicial body.

The extent to wbicb the act touches the supreme court is that by section 16, section 12, subsec. 7, and section 21 tbe department of finance and taxation and tbe commissioner of finance and taxation are given certain authority over tbe expenditures of the court. This authority so given does not, we think, infringe upon any judicial pero-gative of tbe court. Whether it touches upon tbe court’s inherent and statutory power of administration with reference to its own business is another Question, but a question not at all material in determining whether the act undertakes to regulate tbe exercise of tbe judicial powers of the court.

[597]*597The state equalization board and the fire ' prevention commissioner are not judicial officers. They are executive officers or administrative officers, and a statute designed to deal with the executive part of the government may properly legislate concerning these officials. .

It is true that quasi judicial powers are conferred on such officers, but that dors not make them judicial officers. In Richardson v. Young, 122 Tenn., 471, 125 S. W., 664, it is shown that as a matter of practice it has been found impossible to entirely preserve the theoretical lines be- • tween the three departments of government. In Woods v. State, 130 Tenn., 100, 169 S. W., 558, L. R. A., 1915F, 531, it is noted that judicial powers are commonly conferred on sheriffs, clerks of courts, notaries public, registers of deeds, district attorneys general, and other administrative officers.

We know, too, that the power to make rules is commonly given to boards and commissions. 12 C. J. 847; Woods v. State, supra. These rules have the force of statutes, and their formulation is really the exercise of a legislative power.

So the fact that certain limited judicial and legislative powers are conferred upon executive officers does not change their status as such officers, nor is it inappropriate or beyond the scope of a statute dealing with executive officers to confer such powers.

Since it is the customary and usual thing to endow executive officers with some legislative and judicial authority, we do not think such matter in this act made it broader than its ^aption.

The statute before us undertakes to deal, it is said, with about sixty commissions, boards, departments, and officers [598]*598prosecuting the greater part of the various activities of tbe state government. It is urged that all these functionaries cannot be grouped and their duties regulated in one statute, and that an act affecting them all is omnibus legislation and in violation of the constitutional provision against more than one subject in one act.

It has bfien held in Tennessee since Cannon v. Mathes, 55 Tenn. (8 Heisk.), 504, that the generality of a title is not objectionable if not made a cover for legislation incongruous in itself, and that the legislature must determine for itself how broad and comprehensive the object of the statute shall be. Our cases are very numerous.' The last review of them is contained in State v. Cumberland Club, 136 Tenn., 84, 188 S. W., 583.

We would heistate to say what is the limit, if any, to the scope of an act of the legislature suitably entitled. We have many acts covering very wide fields.

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Bluebook (online)
147 Tenn. 589, Counsel Stack Legal Research, https://law.counselstack.com/opinion/house-v-creveling-tenn-1922.