Nebraska Loan & Building Ass'n v. Perkins

85 N.W. 67, 61 Neb. 254, 1901 Neb. LEXIS 24
CourtNebraska Supreme Court
DecidedFebruary 6, 1901
DocketNo. 9,342
StatusPublished
Cited by18 cases

This text of 85 N.W. 67 (Nebraska Loan & Building Ass'n v. Perkins) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nebraska Loan & Building Ass'n v. Perkins, 85 N.W. 67, 61 Neb. 254, 1901 Neb. LEXIS 24 (Neb. 1901).

Opinion

Norval, C. J.

Suit was commenced in the district court for Douglas county by the Nebraska Loan & Building Association against Sarah E. Perkins and Cyrus V. Perkins to foreclose a certain mortgage given by the latter to the former, also to cancel certain shares of the stock of said association pledged by said Sarah E. Perkins as security for the payment of the same debt. On trial, a decree was rendered in favor of defendants, the court having found that the debt was fully paid. Plaintiff was a building and loan association, organized under the laws of 1873, chapter 11, page 207, General Statutes, 1873, entitled “An act to enable associations of persons for raising-funds to be loaned among their members for building them homesteads and other purposes, to become bodies-corporate.” The contract in question was entered into prior to the amendment of said law in 1891. The court below could not have found that said debt was paid unless the contract was tainted with usury, and it could not have been usurious unless the act of 1873 was unconstitutional; and that it is unconstitutional is the contention of counsel for defendants, who insist in their brief that the act is void for the following alleged reasons:

1. That it contains more than one subject, and its subjects are not clearly expressed in its title.

[256]*2562. That said act, in effect, amends the general interest law, also the general corporation law of the state, without containing the sections so amended, and without repealing the same.

3. Because a portion of the act has been by this court held void, and it is claimed such portion was a material inducement to the legislature to pass the act as a whole.

4. Because that portion of the act which provides that although the dues, fines, premiums and other charges paid by members may aggregate a greater amount than the legal rate of interest, on loans made them, such payments shall not be construed to make such transactions usurious, is an attempt on the part of the legislature to usurp the powers of the courts, and therefore void.

These objections we will examine and discuss in their order. If any one of them is tenable, the lower court, was right in rendering the decree it did; if none of them can be sustained, the decree must be reversed.

The evils which the framers of the constitution of 1866 sought by section 19, article 2 thereof, to obviate tv ere surreptitious legislation, and a then common practice of including in one bill various subjects in nowise related to one another, by means of which a sufficient number of votes could be mustered to the support of provisions which, if entertained on their individual merits, would fail of passage. It was not intended thereby to prohibit comprehensive titles. State v. Stuht, 52 Nebr., 209; Paxton & Hershey Irrigating Canal & Land Co. v. Farmers & Merchants Irrigation & Land Co., 45 Nebr., 884; State v. Bemis, 45 Nebr., 724; Van Horn v. State, 46 Nebr., 62. Boggs v. Washington County, 10 Nebr., 297. If each piece of legislation must be confined to a single subject, it is evident that, so far as that one bill is concerned, there is little opportunity for trading votes on one portion in order to secure votes on some other—certainly much less than under the old custom, which permitted the inclusion in a bill of any number of subjects, regardless of their relations or congruity. If the title must clearly express [257]*257the subject, the smuggling into a bill legislation inimical to public welfare is rendered more difficult, for a legislator or citizen who reads the title of a pending bill is apprised of the subject of legislation, although not necessarily of the specific contents of the bill, and thus put upon inquiry as to its contents. It is not essential that the title chosen by the legislature be the most appropriate; if it indicates the scope and purpose of the act, it is sufficient. State v. Bemis, ubi supra; In re White, 33 Nebr., 812. Neither is it necessary that the title inform its readers of the specific contents of the bill. If it indicates the subject of the proposed legislation, it meets all essential requirements. It needs not that it be a complete abstract and epitome of the contents of the bill. If no portion of the bill is foreign to the subject of legislation, as indicated by the title, however general the latter may be, it is in harmony with the constitutional mandate. Boggs v. Washington County, ubi supra; Hopkins v. Scott, 38 Nebr., 661; State v. Moore, 18 Nebr., 870. It is to be presumed that both legislators and citizens generally are familiar with the institutions sought to be encouraged by the legislation here attacked, and more or less so with the methods by them employed in attaining their objects. Any person reading the title of this act would infer that the object of the bill was to encourage the -multiplication of these concerns, that shareholders might, through their instrumentality, secure themselves homes. He would.further infer that the bill would disclose the usual provisions relative to organizations of that class. He would expect to find provisions relative to the manner in which money was to be obtained, the conditions upon which its use might be secured by those desiring it, the consideration exacted for such use, and all such matters as are usual to institutions of that nature. Everyone knows that, in order to obtain money for any purpose, some inducement must be offered those who have it by those who have it not. This inducement usually takes the form of interest. It is as much to be ex[258]*258pected that in-such legislation provisions regarding interest will exist, as that there will be found prescribed' the rules and conditions for admission of members. If regulations concerning interest are to be anticipated, regulations concerning the rate of interest could scarcely be called surreptitious. Nor would it be a matter of surprise if the reader of such a title should, on a more particular examination of the bill, find therein the liabilities of stockholders ^defined, or the exception of such contracts as it makes with borrowers from the general usury laws, or provisions relative to assessments, dues, fines, premiums and forfeitures, for these subjects are all of the very essence of institutions of this character. Without them, there could exist no organizations of that character. To hold that these subjects are not within the title would strip the act down to the bare wording of the title itself, which would merely enable certain persons to incorporate, a right they already had under General Statutes, 1873, chapter 11, section 123, under which corporations may be formed for any lawful purpose; and this would be convicting the legislature of frivolousness. The constitutional provision under consideration does not tend to unnecessarily restrict legislation; it does not compel the division of laws into separate acts, each covering merely' a minute subdivision of what would, if properly connected, constitute a systematically arranged whole, though the unconnected parts of the whole might be many. A construction of the fundamental law that would require the separation of logically or naturally connected parts from each other, and their separate enactment, would render valid legislation almost impossible. The purpose of the fundamental law is subserved when the objects for its existence are attained, when there is a natural connection between the various parts of an act, and nothing foreign to the title is hidden therein. This we think the act in question accomplishes.

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Cite This Page — Counsel Stack

Bluebook (online)
85 N.W. 67, 61 Neb. 254, 1901 Neb. LEXIS 24, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nebraska-loan-building-assn-v-perkins-neb-1901.