State v. Rogers
State v. Rogers
Opinion of the Court
Defendant was prosecuted on an affidavit charging that he had violated section 1 of Act 193 of 1920 (page 321), by selling a secondhand automobile without evidencing the sale by an authentic act. He filed a demurrer to the affidavit, pleading . that the statute was unconstitutional and that the section purporting to impose a penalty was confusing and without effect. The demurrer was sustained, and the state has appealed.
Defendant contends that the statute violates the fourteenth article of amendment of the Constitution of the United States and tho first and second articles of the Constitution of this state, in that the statute undertakes to deprive him of his liberty and property without due process of law, and that it undertakes to deprive him of the equal protection of the law; that the statute makes an unreasonable classification and an arbitrary discrimination against the persons upon whom the penalty is to be imposed, and destroys the right and freedom of contract, lie contends that the statute is also violative of article 31 of the Constitution of the state, in that the law embraces more than one object, that all of its objects are not expressed in its title, and that the title is misleading.
The statute in question is entitled:
“An act to regulate the sale of automobiles in this state, to require said sales to be made by authentic act or proper affidavit, and to fix a penalty for the violation of this act.”
The first section of the act declares that all sales or transfers of automobiles shall be made and evidenced by an authentic act duly recorded in the parish in which the sale is made.
The second section declares that every act of sale or transfer of an automobile shall state the make of the car, the year in which it was manufactured, the price, the style and model of the car, the number, size, power, and
The third section declares that every purchaser of an automobile shall retain in his possession a certified copy of the act of sale or transfer by which he acquired title, bearing upon its face a notation made by the proper custodian of such record, showing the time and place of record of the original deed; which copy shall be delivered to each subsequent purchaser of the automobile, so that complete evidence of title will be in the possession of each subsequent owner of the automobile.
The fourth section declares that every person owning an automobile in this state, at the time of the passage of the act, and every licensed dealer or agent in possession of a new or unused automobile for sale for the first time, shall make affidavit of his ownership of the automobile, which affidavit shall contain, as near as possible, the data required in the third section of the act, and which affidavit, after being recorded in the ’ parish in which the automobile is situated, shall serve in lieu of an authentic act when the automobile is sold, and shall be the first link in the chain of title. In conclusion, the section contains a proviso that, if an automobile be destroyed or junked, the owner shall make affidavit of the fact, in detail as far as possible, and shall record the affidavit, to show that the automobile is no longer subject to sale or transfer.
The fifth section declares that any person, other than a licensed dealer or agent selling a new or unused car, who shall sell or offer to sell an automobile without tendering a recorded title evidenced by a certified copy of the sale and record thereof, or who shall violate the act as to the sale of a secondhand car, or who shall tender, at the time of such sale or offer to sell, a title or certified copy of title which shall be found false and not substantiated by the records, shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $100 or imprisoned for a term not exceeding 30 days, or be fined and imprisoned, at the discretion of the court
The sixth section declares that the act shall go into effect from and after its promulgation, and the seventh and last section is the clause repealing all laws or parts of laws in conflict with the act, and reserving the state’s right to continue pending prosecutions.
Whether these errors and inaccuracies would avail a person accused of selling or offering to sell an automobile without tendering a certified copy of a recorded title thereto, or a person accused of tendering a false certificate or evidence of title, is a matter of no importance to the defendant in this case. For he is not accused of violating either of those provisions of the law. The accusation is that he sold a secondhand automobile without evidencing the sale by an authentic act. The first section of the statute requires that every sale or transfer of an automobile shall be evidenced by an authentic act. And the fifth section of the act declares that-—
“Any person * * * who shall violate this act as to the sale of secondhand cars * * * shall be guilty of a misdemeanor,” etc.
The provisions of the law are therefore plain and complete in so far as they denounce as a misdemeanor the act of which the defendant is accused.
We will consider next the question whether the statute violates the requirement of article 31 of the Constitution, that each and every statute shall embrace only one object, which shall be expressed in its title. Defendant’s complaint in that respect is twofold. The first complaint is that the title of the act does not make mention of the proviso contained in the fourth section that, if an automobile be destroyed or junked, the owner shall make and record an affidavit of the fact. The second complaint is that the title of the act indicates that sales of automobiles shall be made either by authentic act or by affidavit; whereas, in the act itself, the only requirement of an affidavit is as a substitute for a certified copy of the owner’s title deed.
Our conclusion on this issue in the case is that, as far as the defendant is concerned, the one main object or purpose of the law is expressed in its title; that is, to require that every sale of an automobile, excepting sales of new or unused cars by licensed dealers or agents, shall be evidenced by an authentic act.
Reference
- Full Case Name
- STATE v. ROGERS
- Cited By
- 19 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) J. Statutes Verbal inaccuracies or clerical errors in the use of words or numbers in a statute may be corrected by the courts whenever necessary to carry out the manifest intention of the Legislature, as gathered from the'context. 2. Statutes Even though the rule permitting courts to correct verbal inaccuracies in a statute does not apply to a criminal statute, the existence of such inaccuracies in other portions of the statute does not prevent a prosecution under the criminal section thereof. 3. Statutes In Act No. 193 of 1920, § 5, making it an offense to sell a used automobile without evidencing the sale by an authentic act, the inaccuracies relating to exemption of licensed dealers, to tender of recorded title, to the offer of sale, and to false title records, do not invalidate the provision of the section forbidding the sale without authentic act or prevent a prosecution for such sale. 4. Statutes The provision of Act No. 193 of 1920, § 4, relating to affidavit of destroyed or junked automobiles, is separable from, the rest of the act, regulating the sale of used automobiles, so that if such provision is invalid under Const, art. 31, because not within the title of the statute, the invalidity of such provision does not invalidate the entire act. 5. Constitutional law A defendant has no right to question the constitutionality or validity of the provisions of the law which are not relevant to his case, and which, if held unconstitutional or invalid, are separable, so as not to invalidate the provisions that are applicable. 6. Statutes • If the provision of Act No. 193 of 1920, § 4, that owners of automobiles, when the act became effective, shall record an affidavit of ownership, is unconstitutional under Const, art. 31, because not within the title of the act, such provision is separable from the rest of the act, and does not invalidate the entire act. 7. Constitutional law In view of the value and movability of automobiles, so that they are exceptionally tempting to thieves, and in view of their dangerous character when in possession of thieves, the enactment of Act No-. 193 of 1920, to regulate the sale of used automobiles, was based on a reasonable distinction between automobiles and other personal property. 8. Constitutional law The exemption of sales of new cars by licensed dealers from the regulations governing the sales of used automobiles by any one, including licensed dealers, contained in Act No. 193 of 1920, is a reasonable discrimination or classification, not an arbitrary one. 9. Constitutional law The right of citizens to make contracts is subject to such restrictions as the Legislature may impose in good faith and with reasonable regard for the public safety or welfare in the exercise of the police power of the state. 10. Constitutional law c&wkey;2ll — Equal protection prohibits arbitrary discrimination. The equal protection clause of the Constitution does not prohibit any and every discrimination in the law, but only such a discrimination as would be arbitrary or without good reason.