Surtman v. Secretary of State

15 N.W.2d 471, 309 Mich. 270, 1944 Mich. LEXIS 330
CourtMichigan Supreme Court
DecidedJune 30, 1944
DocketDocket No. 50, Calendar No. 42,710.
StatusPublished
Cited by26 cases

This text of 15 N.W.2d 471 (Surtman v. Secretary of State) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Surtman v. Secretary of State, 15 N.W.2d 471, 309 Mich. 270, 1944 Mich. LEXIS 330 (Mich. 1944).

Opinion

Bushnell, J.

The validity and constitutionality of Act No. 248, Pub. Acts 1943 (Comp. Laws Supp. 1943, §§4685-53, 4685-53a, Stat. Ann. §§9.1543, 9.1543 [1]), is challenged in this appeal. The title of the act is as follows:

“An act to amend section 3 of Act No. 203 of the Public Acts of 1933, entitled, ‘An act to provide for the revocation and suspension of operators’ and chauffeurs’ licenses and registration certificates; to require proof of ability to respond in damages for injuries caused by the operation of motor vehicles; to prescribe the form of and conditions in insurance policies covering such risks; to subject such policies to the approval of the commissioner of insurance; to provide for the payment of judgments in instalments in certain cases so as to meet the requirements of this act; to provide for furnishing by the secretary of State of information relative to the operating records of any person; to authorize the secretary of *274 State to make rules for the administration of this act and to prescribe penalties for the violation of the provisions thereof,’ as last amended by Act No. 216 of the Public Acts of 1939; and to add to said act a new section to stand as section 3a thereof.”

Act No. 203, Pub. Acts 1933 (Comp. Laws Supp. 1940, §§4685-51—4685-69, Stat. Ann. §§9.1541-9.1557), is known as “the Michigan motor vehicle financial responsibility act of 1933.” The only change which the 1943 act made in the 1933 act as amended, so far as section 3 is concerned, is to require satisfaction within 30 days of any judgment involving damages “in excess of $50” instead of “in excess of $300,” as provided in the .original act. No question is raised on this appeal as to the change in section 3.

Section 3a, which was added to the original act, is questioned on the following grounds, (a) that the legislature failed to observe constitutional provisions in the legislative process of its adoption of the added section, and (b) that the added section contravenes various provisions of both State and Federal Constitutions. Appellants argue that the 1943 enactment is void because the legislature (1) failed to publish at length or to re-enact the act revised, and (2) because the amendment embraces more than one object, which is not expressed in its title. Appellants also contend that the act is void because (1) it violates the equal-protection-of-the-laws clauses of both Constitutions, (2) the due-process-of-law clauses, (3) it is contrary to the provisions of the guaranties against self-incrimination, and (4) it infringes upon the right of municipalities to reasonable control of their streets.

*275 Section 3a, in substance, requires every operator or owner of a motor vehicle involved in an accident in which any person is killed or injured, to report in writing to the secretary of State, giving the names and addresses of the owners and operators of all motor vehicles involved, of all persons injured or killed, the date, time and place of the accident, and the name-of any insurance carrier whose policy of insurance was in force and applicable to the liability of the owner or operator. Failure to furnish such report within 10 days constitutes a misdemeanor and sufficient ground for the suspension or revocation of the operator’s license and registration certificate, unless showing of financial responsibility is made. The suspension is to continue until such proof is furnished, unless the injury or death claims are satisfied. The section provides a method for releasing the security and for self-insurance permits to be issued to the owner or operator of 25 or more motor vehicles. It also provides that the report may be examined by any person named therein, or his attorney, and for otherwise withholding the same from public inspection. It states that the provisions of the section shall not be applicable to any motor vehicle, or driver thereof, owned by the State or any agency, municipality or political subdivision thereof.

Plaintiffs Surtman, Pfeiffer, and others, owners and operators of motor vehicles, filed a bill in equity to enjoin defendant Dignan, secretary of State, from enforcing the provisions of section 3a of the act. The trial judge entered a decree denying such relief and dismissed the bill of complaint and an intervening bill, which was filed in the cause. From this decree plaintiffs and interveners have appealed.

The 1943 session of the legislature adopted Joint Rule 15, generally known as the “short-title” rule. It provides, in substance, that, when considering an amendment to an act which had been given a short *276 title, such as the one here involved, the title of a proposed amendment during its passage through both houses is required to contain only the .“short title” of the act proposed to be amended with the chapter, part numbers, and compiler’s section numbers, if any, and the year of compilation. Following the passage of an amendment in the house other than the house of origin, the title is there amended by strihing out the “short title” and inserting in lieu thereof the last full title of the amended act, together with such other corrections and amendments as may be necessary, so that the amended title may be agreed to by the house in which the bill originated.

Such procedure was followed in the enactment of. the amendment to the act in question. Appellants say this is a violation of the Constitution of 1908, art. 5, § 21, which reads in part as follows:

“Sec. 21. No law shall embrace more than one object, which shall be expressed in its title. No law shall be revised, altered or amended by reference to its title only; but the act revised and the section or sections of the act altered or amended shall be reenacted and published at length.”

This constitutional provision expressly refers to the title of an act as enacted, rather than to the title of a bill during its various steps towards enactment. The act in question did not attempt to amend the original act by reference only to the title of that act, but made the change in the original act by reenacting section 3 in its entirety, as amended, and adding a new section 3a in full.

The legislature was not required to re-enact and publish the amended act in full. People v. Shuler, 136 Mich, 161.

*277 We need not repeat the discussion of this proposition as stated in People v. Stimer, 248 Mich. 272 (67 A. L. R. 552), where the court said:

“In so far as the act under consideration revises, alters, or amends Act No. 181, Pub. Acts 1919, it does so in express language, published at length; and in so far as the change or alteration is by implication merely, it does not offend the constitutional provision.”

Under the doctrine of “reasonable construction” enunciated by Mr. Justice Cooley in People, ex rel. Drake, v. Mahaney, 13 Mich. 481, 496, 497, the legislative procedure here involved cannot be said to violate this constitutional provision.

But, say the appellants, the amendment embraces more than one object, which is not expressed in its title.

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15 N.W.2d 471, 309 Mich. 270, 1944 Mich. LEXIS 330, Counsel Stack Legal Research, https://law.counselstack.com/opinion/surtman-v-secretary-of-state-mich-1944.