State ex rel Wyckoff v. Ross

228 P. 636, 31 Wyo. 500, 1924 Wyo. LEXIS 39
Wyoming Supreme Court·Decided August 26, 1924·No. No. 1267·Published·Cited by 30 cases

Opinion

Kimbaul, Justice.

Chapter 117 of the Session Laws of Wyoming for 1921, entitled “An Act in regard to Intoxicating Liquor, prohibiting the unlawful possession, manufacture and sale thereof within the State of Wyoming, repealing Chapter 209 of Wyoming Compiled Statutes, 1920, and carrying into effect so far as the State of Wyoming is concerned the eighteenth amendment to the Constitution of the United States, ’ ’ provides, by section 36, that:

“It shall be the duty of every prosecuting attorney in this State to prosecute by complaint, information or indictment in courts of competent jurisdiction all violations of this Act in the manner now provided by law for the prosecution of criminal offenses under the general statutes of this State and in the manner as herein defined. The Governor shall have power after notice and hearing to remove from office any officer in the State who shall wilfully fail, neglect or refuse to perform any of the duties imposed upon him by this Act or who shall be guilty of intoxication or drunkenness. Proceedings for the removal of any such officer may be commenced either by the [508] Governor on bis own motion or on written complaint of any citizen of tbe State, filed with the Governor. Written notice of the time and place for the hearing of such charges together with a statement or copy of the charges filed against him shall be personally served upon such officer at least ten days before the day set for such hearing. ’ ’

Under this section proceedings were instituted before the Governor for the removal of the relator, the county and prosecuting attorney of Hot Springs County. The amended and supplemental complaint filed with the Governor charges that the relator has been guilty of intoxication and drunkenness on some fourteen stated dates between March 26, 1923 and June 7, 1924. It is also charged that he has at times wilfully failed and refused to perform the duties imposed upon him by the said act, and has at frequent intervals by intoxication incapacitated himself from carrying on the work of county and prosecuting attorney.

Pursuant to the statute, the relator was given written notice of the time and place of the hearing of the charges of which he was furnished a copy. A few days before the day set for the hearing, the relator presented to the Judge of the District Court of Laramie County a petition for a writ of prohibition to prevent the Governor from proceeding further in the matter. The petition for prohibition challenged the constitutionality of section 36 of Chapter 117, supra, on several grounds, and alleged that objections to the jurisdiction of the Governor, based on such grounds, had been been overruled by the Governor. Upon the presentation of the petition to the district judge, he found that there were involved important and difficult constitutional quesions which were reserved and submitted for our decision.

[509] One of the questions is whether section 36 is in violation of Section 24 of Article III of the State Constitution, which provides:

“No bill, except general appropraition bills and bills for the codification and general revision of the laws, shall be passed containing more than one subject, which shall be clearly expressed in its title; but if any subject is embraced in any act which is not expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed.”

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State ex rel Wyckoff v. Ross, 228 P. 636, 31 Wyo. 500, 1924 Wyo. LEXIS 39 (Wyo. 1924).

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