Dodd v. Commissioners' Court
Dodd v. Commissioners' Court
Opinion of the Court
This bill seeks injunctive relief against the enforcement in St. Clair county of the recent Tick Eradication Statute, approved February 7,1919.
The equity of the bill is sought to be rested on the unconstitutionality of the statute, and the allegation that there are no ticks in St. Clair county.
We cannot accede to this contention. The act is intended as one in the exercise of one of the police powers of the state, and, in the exercise of such powers, it is usual, if not necessary, to provide penalties as for failure to observe or comply, with the regulations so fixed or prescribed by the act, and such acts often contain provisions for the enforcement of the penalties.'
An act to provide for state-wide eradication of cattle or fever ticks, or any other kind of ticks, certainly gives notice that penalties, and a mode of enforcing them, will be contained in the act. An act for the purpose of eradicating ticks, or other insects or vermin from the state, without penalties provided for failure to comply with its requirements would be useless. Such acts are not supposed to be mere declarations of principles or policies of the state: they are supposed to be self-executing laws, and not mere declarations or proclamations of policies or principles like constitutional provisions-. Such a law without provisions fixing penalties and providing modes for their enforcement would be dead letters, and worse than useless.
We know of no reason why the declaration of the policies or principles, the fixing of the penalties, and the mode for executing the policies and enforcing the penalties, should not all be included in one bill. Nor do we know of any reason why the title of such a bill should affirmatively show, in the way of an index, that the body of the bill would or would not contain all or a part of such provisions. The constitutional requirement, section 45 of the Constitution, which is here apt is that “each law shall contain but one subject, which shall be clearly expressed in its title.” We find no violation of this provision as to the title of the bill in question. The act contains but one subject, and it is clearly expressed in the title. The provisions of the act relating to the penalties, either in declaring them or providing for their enforcement, are clearly and certainly allied, germane, or cognate to the general subject which is expressed in the title. All these provisions, clearly, are intended to aid or facilitate the accomplishment of the main purpose of the bill, which is expressed in the title. Edmondson v. Ledbetter, 114 Ala. 477, 21 South. 989; State v. Smith, 187 Ala. 411, 65 South. 942; Glasscock v. State, 159 Ala. 90, 48 South. 700; Jackson v. State, 136 Ala. 96, 33 South. 888.
It follows that the trial court ruled correctly in denying the injunction.
Affirmed.
Reference
- Full Case Name
- DODD Et Al. v. COMMISSIONERS’ COURT OF ST. CLAIR COUNTY Et Al.
- Cited By
- 9 cases
- Status
- Published