People v. Sargent

98 N.E. 959, 254 Ill. 514
CourtIllinois Supreme Court
DecidedJune 21, 1912
StatusPublished
Cited by24 cases

This text of 98 N.E. 959 (People v. Sargent) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Sargent, 98 N.E. 959, 254 Ill. 514 (Ill. 1912).

Opinion

Mr. Justice Vickers

delivered the opinion of the court: .

Plaintiff in error was convicted in the municipal coürt of Chicago for driving his automobile for hire without a chauffeur’s license, in violation of section 13 of the Motor Vehicle act of 1911. Said section provides for an examination by the Secretary of State, or by examiners appointed by him, of every person who applies for a license to operate a motor vehicle for hire, and for the issuing of a license to such person, if found qualified, upon payment of a fee of $5, and prohibits any person from operating or driving a motor vehicle as a chauffeur upon the public highways of this State after the first of January, 1912, unless such person has complied in all respects with the requirements of this section. Section 18 of said act imposes a penalty of $25 for willful violation of section 13. The plaintiff in error, when arrested, was operating his automobile for hire without having complied with section 13 in regard to procuring a license. It is admitted that he violated the statute, and the only defense interposed is that said amended Motor Vehicle act of 1911 is unconstitutional.

The principal objection urged against the validity of the act of 19-11 is, that it includes more than one subject and that the subject of said act is not embraced within the title, as is required by section 13 of article 4 of the constitution, which provides that “no act hereafter passed shall embrace more than one subject and that shall be expressed in the title.” An act under this provision of the constitution may be void (1) either because it embraces more than one subject, or (2) because the subject is- not embraced within the title. The title of the act is as follows: “An act defining motor vehicles and providing for the registration of the same and of motor bicycles, and uniform rules regulating the use and speed thereof; prohibiting the use of motor vehicles without the consent of the owner and the offer or acceptance of any bonus or discount or other consideration for the purchase of supplies or parts for any such motor vehicle or for work or repairs done thereon by others, and defining chauffeurs and providing for the examination and licensing thereof, and to repeal certain acts therein named.” The act contains twenty-one sections, and when read together it will be seen that it was intended to be a general revision of the law in relation to the subject of owning and operating motor vehicles, and was designed to supersede all previous legislation on that subject and all city- ordinances relating to the speed of automobiles and other horseless vehicles.

In discussing the Motor Vehicle law of 1907, this court, in Ayres v. City of Chicago, 239 Ill. 237, on page 245, said: “It is a fact within the common knowledge of most persons that automobiles, other than those used in particular localities for hire, are extensively used in this State in making tours of considerable distance, in the course of which many cities, villages and towns would be visited. The legislature has by the Motor Vehicle act taken the subject of the regulation of the speed and operation of automobiles out of the hands of local authorities and passed the Motor Vehicle law as a general, uniform regulation, applicable alike to all municipalities of the State. The effect of this law manifestly is to abrogate all municipal ordinances designed to regulate the use of motor vehicles passed prior to the time such law went into force and to deprive such municipalities of the power to pass such regulating ordinances in the future. The necessity for such uniform law was a matter for legislative determination, with which the courts have nothing to do. Clearly, the purpose of the legislature was to pass a new and complete law designed to take the place of all municipal ordinances or rules regulating the equipment and operation of motor vehicles.”

A careful reading of the act of 1911 will show that the legislative intent is the same as expressed above in respect to the act of 1907. The manifest purpose of the legislature was to bring the whole subject of regulating the use of motor vehicles under the control of the State.

As we understand the argument of plaintiff in error, his contention seems to be that both the act and the title include a plurality of subjects and for that reason the whole act is void. The word “subject,” as used in the constitution, signifies the matter or thing forming the groundwork. It may contain many parts which grow out of it and are germane to it, and which, if traced back, will lead the mind to it as the generic head. Any matter or thing which may reasonably be said to be subservient to the general subject or purpose will be germane and may be properly included in the law. (O’Leary v. Cook County, 28 Ill. 534.) The constitution of 1848 provided that “no private or local law shall embrace more than one subject and that shall be expressed in the title.” The legislature passed an act entitled “An act to incorporate the Northwestern University,” one section of which prohibited the sale of spirituous liquors within four miles of the university under a special penalty to be recovered by the county of Cook. This court held that the prohibition of the sale of liquors within four miles of the university was germane to the subject of the act,— that is, the incorporation of the university. The object of this constitutional provision is to prevent the insertion in a bill of matters not relating to the title, by means of which members of the legislature might be led to vote for measures which they would not otherwise approve, (Milne v. People, 224 Ill. 125,) but it has never been held that it was necessary that the title should minutely and exactly express every related matter which is included in the act. The title of the act under consideration is much more comprehensive than the law requires. The title enumerates the several particular matters embraced in the act, but all of these particulars relate to but one general subject.

There are at least two methods of expressing the subject of an a'ct in the title. One method, which has uniformly been held sufficient, is to express the subject of the act in a brief, general form. Thus, our Criminal Code, of more than five hundred sections, is entitled “An act to revise the law in relation to criminal jurisprudence.” Our Revenue law is entitled “An act for the assessment of property and for the levy and collection of taxes,” and the statute in relation to jurors is entitled “An act concerning jurors and to repeal certain acts therein named.” These several statutes, and many more that might be mentioned, contain all the law that is necessary to cover the general subject legislated upon, and necessarily many things are included in them that are not expressed within the general titles except as they are related to or have some more or less direct connection with the general subject being legislated upon. Another method of stating the subject of an act is to express the principal features of the legislation somewhat more in detail. The latter method of giving the title to the act has been adopted in the Motor Vehicle law. If the title of this act had been general, such as “An act in relation to motor vehicles and to repeal certain acts therein named,” we cannot conceive that any objection could be made to it that would not equally apply to many other enactments which have never been questioned in this regard. Here the subject of the act is expressed by a repetition in the title of a number of particulars, all relating more or less directly to the subject of motor vehicles.

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Bluebook (online)
98 N.E. 959, 254 Ill. 514, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sargent-ill-1912.