State ex rel. Bumsted v. Govern
State ex rel. Bumsted v. Govern
Opinion of the Court
The demurrant takes two positions ; first, that the act of March 25th, 1885, (Pamph. L.} p. 137,) is special or local, and is therefore unconstitutional, both because it attempts to regulate the internal affairs of counties, and because no public notice was given of the intention to apply to the legislature therefor ; and second, that its title does not express its object, and therefore also it is unconstitutional.
1. Is this act special or local?
Nothing of a special or local character appears on the face of- the law. Its terms embrace the whole state and every board and officer in the classes to which it relates. But it seems that before its passage the legal conditions were such that no board or officer outside of the county of Hudson would be affected by fi>; all other boards of chosen freeholders were constituted, and the selection and duties of all other directors of such boards were regulated, in accordance with its provisions; its sole effect would be to put the office of director in Hudson county on the same footing as such directors elsewhere. While, therefore, if valid, its object and effect are to produce uniformity throughout the state, its operation is local, because only in one locality was there before any divergence from the normal •type which the act makes universal.
This, however, does not render the statute special or local within the constitutional prohibition. It should, I think, now be regarded as settled that whenever an act of the legisT lature is general in its terms, and its only effect is to remove in some degree the differences existing in the various regulations of the internal affairs of towns or counties, and to subject those internal affairs to the operation of a general law,, then the act is not prohibited by the constitution, but is in strict accordance with the command of that instrument, which expressly enjoins upon the legislature the passage of general laws for such cases. This principle has been approved in Van
The statute cannot be defeated on this ground.
2. Does the title express the object of the act?
The constitutional provision is that “ every law shall embrace but one object, and that shall be expressed in the title.”
It is not necessary to review the numerous decisions involving the application of this and similar clauses. It is on all hands agreed that its purpose is to require the title of a bill to be such as will inform the public and the members of the legislature of the object of the enactment, and that this purpose is accomplished when the title fairly indicates the general object, although it does not indicate the means or method of attaining this object. Grover v. Ocean Grove, 16 Vroom 399; People v. Briggs, 50 N. Y. 553; Cooley on Const. Lim. 144.
In considering whether the title of an act meets this requirement, it must be presupposed that the legislature and the public are cognizant of the public laws touching the subject on which the intended statute is to operate. In the present case it must bo presumed to have been known that in every county of the state except Hudson the director of the board of chosen freeholders was selected by the board from its own members, and that his duties were those specified in the general law entitled “ An act to incorporate the chosen freeholders in the respective counties of the state,” approved March 16th, 1846 ; that in Hudson county the director was chosen by the voters at large, and that his duties were those specified in the local act of March 23d, 1875. In this condition of things the title now under review declares that the object of the law is “ to make uniform the selection and duties of directors ” of boards of chosen freeholders of the state. The law itself discloses that its exact aim was to abolish the peculiarities touching the selection and duties of director which existed in Hudson county .alone.
I do not see how the general object of the law could have been more aptly expressed. It may be said that it would have been done by entitling it, for example, “An act to-abolish the office of director of the board of chosen freeholders in Hudson county as it now exists, and to ordain that such office shall hereafter exist only under the act to incorporate the chosen freeholders in the respective counties of the-state, approved March 16th, 1846.” Such a title would indeed have indicated more definitely the 'means by which the design of the legislature was to be carried out, but it would not have expressed more clearly the general object in view. If so specific a title be requisite, it can only be because of some such rule as this, that whenever the object of a statute is to remove a special characteristic in any municipal government so as to bring the government into conformity with a general law, the title of the act must expressly point out that characteristic. Such a rule would be impracticable. It would utterly prevent any general law for the government of towns-in this state, and would, I. think, defeat every law heretofore, passed having this design. At the timé our constitutional
The statute being thus, in my judgment, constitutional with regard to its main design of securing uniformity in all things pertaining to the office of directors of boards of chosen freeholders, and with regard to the form for accomplishing that design, it is also valid in reference to its immediate abolition of the office of the demurrant. Such abolition was a necessary incident of the legislative purpose of putting Hudson county at once on the same basis as the rest of the state, and was therefore embraced within the object expressed by the title. Payne v. Mabon, 15 Vroom 213. The demurrant had no right to his office which could withstand the enactment of the legislature to remove him. City of Hoboken v. Gear, 3 Dutcher 265.
Magie, J., concurred.
Dissenting Opinion
(dissenting.) My consideration of this case has led me to a different result from that reached by my associates. The statute in question seems to me to be in two respects in conflict with the constitution of the state.
The pertinent constitutional provision is to this effect: “ The legislature shall not pass private, local or special laws * * * regulating the internal affairs of towns and counties.” The office of the act under consideration is to change the mode of electing one of the chosen freeholders of the county of Hudson. It is a law that undeniably is operative on a single office, in one county only, and it regulates the internal affairs of that county. In my apprehension, therefore, it is not practicable to suggest any case that falls more clearly under the prohibition of the constitutional clause just quoted.
The theory by which this manifest conflict was sought to be subdued, was constructed in the briefs of counsel on this basis: First, it was insisted that the act in question, by its modification of the mode of electing one of the chosen freeholders of this county, harmonized, to the extent of the change thus effected, the method of electing these official bodies throughout the state, the supposition being that it was the purpose of this provision of the constitution to compel, as far as practicable, such harmony. But it is conceived that there is no force whatever in such a consideration, for the conclusive answer is that the argument, when analyzed, is a mere request that the court shall alter the constitution of the state. That instrument, in plainest language, declares that a local law of this character shall not be enacted. We are asked to say that such law may be passed if it has a certain beneficial effect, in other words an unqualified prohibition is to have a qualification injected into it. If this act is to be withdrawn from the constitutional inhibition for the reason that, although its immediate effect is spent in a single county, its general effect is to pro
It is obvious that a local law authorizing the construction of a public road, or the erection of a jail, in the county of Hudson, would be enterprises of much more practical concern to the citizens of the state at large than the scheme of the present act can be claimed to be, for the use of such road would belong to them of right, and such jail would benefit them individually in its tendency to repress crime. Are such laws as these to be pronounced to be invalid, and the present one, that so slightly affects the general welfare, to be sustained ? The only reason that has been suggested why such a distinction should be made, is, that the purpose of the constitutional prohibition is to produce similarity between the institutions by which the different counties and municipalities are governed. But this is a mere assumption; the constitution does not say so; nor is there anything in its various provisions from which such an intent can be collected. That a general law placing on the same footing all the different political districts of the state, and subjecting them to the same species of local government, would be productive of
And in my apprehension, so far as relates to the rabiones: decidendi, the judgment in the case of Freeholders of Passaic v. Stevenson, 17 Vroom 173, is in point. The law there passed upon made provision for the payment of salaries, of different amounts, to the prosecutors of the pleas of certain-designated counties; and the question was whether such law did not violate the constitutional clause we are now considering. One of my associates, who is now sitting with me, on that occasion contended, with his usual ability, that such law did not regulate the internal affairs of the designated counties alone, and therefore was not a local law in the constitutional sense, the reason assigned being that the prosecutors of the-pleas are officers whose duty it is to enforce the general criminal laws of the state, and that the “ repression of crime in each county concerns the state at large.” It cannot fail to be observed how much more favorable'to this contention the circumstances of the reported case were than are the facts of the present case, for the enforcement of the general criminal laws, is assuredly of much interest to the entire commonwealth, whereas, as has been said, the assimilation of the mode of choosing a member of a board of freeholders in one county to that practiced in the others, cannot be a concern of any moment to the citizens of the state in general. But the argument, although at its best with respect to its basis of fact, was not successful, and the statute was vacated. The statute in that instance spent its direct force within certain designated localities, and it was on that ground pronounced against, although, like almost all other good local laws, its ultimate effect was to promote the general public welfare. According to my apprehension, the present case, in point of principle, is ruled by this adjudication.
Again, it is further urged on this same head, that this act, in its title and in all its provisions, applies in its terms to-the whole state and not to any particular locality. But unless, words are things, such a feature of the law is an absolute nul
In fine, the act under criticism appears to me to be unconstitutional on the grounds above assigned.
The second particular in which this act, as it is deemed,
This title as it seems to me is composed of two false statements and one half-truth. The act does not concern “ the constitution of the boards of freeholders of the state,” but it relates only to the constitution of the board of a single county. Nor docs it make uniform, in any sense whatever, the duties of the directors of such boards, for although there is a section on that subject, it leaves the matter as it previously existed, the section being a mere pretence and totally without effect. The half truth expressed is this — this title says the act is to make uniform the selection of the directors of these boards throughout the state. The truth is that its immediate purpose and eifeet is to alter the way in which one of such directors in a single county was selected, and the result of that alteration was uniformity in that respect. Why a title thus general, thus false, thus inexpressive? The answer seems at hand; it was an attempt to transmute by force of mere terminology a special, local act into a general law. It were easy to have styled this law “ An act concerning the mode of electing the director of the board of chosen freeholders of the county of Hudson,” or even “ An act concerning the board of freeholders of the county of Hudson.” But in the place of these or some such definite title, we have the elusive generalities just stated. In my judgment this requirement of the constitution means that the object of the law shall be expressed in its title in a manner reasonably intelligible, and such requirement is not fulfilled by expressing the object in the form of a legal enigma, which can be solved only by some legal practitioner versed to an extraordinary degree in the minutest details of local and municipal laws. No reasonable
In order to avoid misconception, it is proper to say that it is not intended by any part of the foregoing remarks to intimate that the anomaly that existed in the method of choosing the director of the board of chosen freeholders in question could not have been abolished by appropriate legislation. All that is insisted on is, that such an end cannot be reached by a general law, as the subject, is one of purely local concern. When the case of Van Riper v. Parsons, 11 Vroom 1, was originally before this court, an opinion was expressed that special local legislation regulating the affairs of towns and counties was constitutionally prohibited only when the end designed to be attained could be effected by general legislation, and that when the latter method was not available, the former method was not illegitimate. This proposition has not as yet received judicial sanction; and whether the evil, if such it be at which this present act is aimed, as well as others existing under similar conditions, may not be abolished by resort to this method, is worthy of consideration. That local laws whenever they can be legally enacted must be resorted to is abundantly evident from the constitution itself. By ¶ 9 of § 7 of art. IV., it is declared that “ no private, special or local bill shall be passed, unless public notice of the intention to apply therefor, and of the general object thereof, shall have been previously given.”
This is a requirement in which each separate community of the state has an abiding interest, and it confers a right which courts cannot abrogate; and yet if the present act is sustained it is not perceived how it can be contended that such disfranchisement has not been inflicted in this instance. If the citizens of a county have not the right undei the force of the constitutional section just quoted, to be notified of an intention to apply for a law altering the mode of choosing one of their own board of freeholders, to what local interest is the provision applicable? Would it be obligatory when the purpose was to
Erom the foregoing considerations I am constrained to dissent from the decision rendered in this case.
Reference
- Full Case Name
- STATE, EX REL. ROBERT BUMSTED v. PATRICK GOVERN
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- 2 cases
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- Published