State v. Hill

177 Iowa 270
CourtSupreme Court of Iowa
DecidedJune 29, 1916
StatusPublished
Cited by3 cases

This text of 177 Iowa 270 (State v. Hill) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hill, 177 Iowa 270 (iowa 1916).

Opinion

Ladd, J.

The three cases were tried together on an agreed statement of facts, from which it appears that defendants were operating places in the city of Davenport where intoxicating liquors were kept for sale and sold, January 3, 1916, and that this would have been lawful but for the enactment of Section 2448-a of the Code Supplemental Supplement, 1915. That section declares:

‘ ‘ That the law as the same appears in section twenty-four hundred forty-eight (2448) supplement to the code, 1913, section twenty-four hundred forty-nine (2449), of the code, 1897, sections twenty-four hundred fifty (2450), and twenty-four hundred fifty-one (2451), supplement to the code, 1913, sections twenty-four hundred fifty-two- (2452), twenty-four hundred fifty-three (2453), twenty-four hundred fifty-four (2454), twenty-four hundred fifty-five (2455), twenty-four hundred fifty-six (2456), twenty-four hundred fifty-seven (2457), twenty-four hundred fifty-eight (2458), twenty-four hundred fifty-nine (2459), twenty-four hundred sixty (2460), and twenty-four hundred sixty-one (2461) of the code, 1897, sections twenty-four hundred sixty-one e (2461-c), twenty-four hundred sixty-one d (2461-d), twenty-four hundred sixty-one e (2461-e), twenty-four hundred sixty-one h (2461-h), twenty-four hundred sixty-one i (2461-i), twenty-four hundred sixty-one j (2461-j), and twenty-four hundred sixty-one k (246Lk) of the supplement to the code, 1913, be and the same are hereby repealed.”

Appellants contend that this statute is invalid, for that: (1) The subject thereof was not expressed in the title, as exacted by Section 29, Article 3, of the Constitution, and Subdivisions 3 and 5 of Section 41-a of the Code Supp., 1907; (2) that sections of the Supplement of 1913 to* the Code are referred to that did not come into existence until lon.g after the enactment of the statute; (3) that the statement of consent was adjudged sufficient, May 26, 1914, and the city thereby acquired a vested right in such revenues as might be derived from the mulct tax levied under the statutes and city [273]*273ordinance until the expiration of five years; and (4) that the statute is not applicable to special charter cities.

These questions may be disposed of in the order stated.

I. Was the subject of the act sufficiently expressed in its title, which was as follows:

of subject fslon mulct law. ■ “An act to repeal the law as the same appear in Section 2448 of the Supplement to the Code, 1913, Section 2449 of the Code, 1897, Sections 2450 and 2451 of the Supplement to the Code, 1913> gections 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 2460 and 2461 of the Code, 1897, Sections 2461-e, 2461-d, 2461-e, 2461-h, 2461-i, 2461-j, and 2461-k, of the Supplement to the Code, 1913, relating to mulct tax.1 ’

The several sections referred to relate to what is commonly known as the Mulct Law. Statutes prohibiting the manufacture and sale of intoxicating liquors as a beverage were enacted by the 20th General Assembly, going into effect July 4, 1884. These, as amended and added to, continued until the enactment of the Mulct Law by the 25th General Assembly, taking effect by publication, April 4, 1894. With such changes as subsequent legislatures have made, this law was in force at the time the quoted statute was enacted, and, according to Section 2448-b, the repealing act was not to become effective until January 1, 1916. These statutes are contained in Chapter 6, Title XII, of the Code, beginning with Section 2432, and in the corresponding place in the Code Supplement, 1913. Sections 2432 to 2448, inclusive, relate to the levy, collection and distribution of a tax of $600 against persons, partnerships and corporations, other than permit holders, carrying on the business of selling or keeping for sale intoxicating liquors, or maintaining a place where intoxicating liquors are sold or kept with intent to sell. These statutes, some of which have been changed, as appears in the Code Supplement, are not touched by the repealing enactment. They in no manner legalize the traffic in intoxicating [274]*274liquors, and do not interfere with the enforcement of the prohibitory law. The subsequent sections, to and including Section 2461 of the Code, with such changes and additions as have been made since as appear in such Code Supplement, 1913, define under what circumstances the payment of the mulct tax shall constitute a bar to the prosecution of those engaged in the sale or keeping for sale or the manufacture of intoxicating liquors as a beverage. They are too extended for quotation here, though it should be added that additional taxes may be exacted by the city (Section 2455, Code). All these, then, being the sections purported to be repealed by the act under consideration, relate to and are connected with the mulct tax; and, therefore, describing these statutes as “relating to the mulct tax” was accurate, and the true subject of the act was as described therein, the repeal of the law as found in the enumerated sections, relating to the mulct tax. Section 29 of Article III of the Constitution requires that “Every act shall embrace but one subject, and matters properly connected therewith.” See State v. Fairmont Creamery Company, 153 Iowa 702; State v. Edmunds, 127 Iowa 333; Wise v. Palmer, 165 Iowa 731. The title of the statute is in strict compliance with Subdivision 3 of Section 41-a, Code Supplement, 1913, and Subdivision 5 thereof was not applicable. Whether reference to the particular statute repealed in the title was sufficient compliafiee with this section need not be considered. The point that the title to the act was not in compliance with the above provision of the Constitution is utterly without foundation.

2‘ peio-^ignatp^afe^Pofflcfai publication. II. The act referred to sections of the Code Supplement of 1913, where the sections of the Code had been changed in compliance with Subdivision 3 of Section 41-a of said Supplement, and appellants contend that, inasmuch as the Supplement was then bound without the index, it was not in existence as an official publication of the laws. It was stipulated [275]*275that one hundred printed copies of said Code Supplement, so bound, had previously been delivered to the secretary of state, though without an index, and that such Supplement, bound with an index, was not delivered to the secretary of state or distributed until in August, 1915, about four months after the adjournment of the legislature.

The index formed no part of the statutes or annotations contained in the Supplement. In every particular, the Supplement was the same when bound without the index as it was afterwards when bound with it. An index is merely a table of contents so arranged as to facilitate finding the particular statutory matter sought. It constitutes no part of the statutes and serves no purpose by way of publication, for statutes included therein had previously appeared in the Code Supplement or session laws, and had long been in force.

The Supplement had been prepared and printed in strict compliance with Chapter 1 of the Acts of the 35th General Assembly, and reference to the several sections therein was as definite as would have been possible had there been an index, which had been omitted from the volume in binding, owing to the delay in its preparation. Though its preparation was enjoined by said chapter, there was no requirement, save by implication, that it be bound with the Supplement, and a reference to any section of the latter was as definite without the index as with it.

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Bluebook (online)
177 Iowa 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hill-iowa-1916.