Leinbach's Estate
Leinbach's Estate
Opinion of the Court
Opinion by
The argument in support of appellants’ contention that the Act of May 9, 1889, P. L. 168, entitled “An act relating to the adoption of any person as an heir,” is unconstitutional, rests on three distinct propositions, either one of which if made good would necessarily prove fatal to the act. The first is that the act is an amendment to the Act of April 8, 1833, P. L. 315, relating to the descent and distribution of the estates of intestates. If this be so, inasmuch as the amending act does not re-enact so much of the original act as is amended, extended or confirmed, and does not publish the same at length, it offends against Article III, Section 6, of the Constitution. Second: that it is a special law authorizing the adoption of children changing the law of descent and succession, and in this respect offends against Section 7 of the same article. Third: that the subject of the act is not clearly expressed in the title, thus offending against Section 3 of the same arti
The argument employed to sustain the second proposition is ingenious but not convincing. The fundamental distinction warranting separate legislative classification of children as distinguished from adults, has been recognized so repeatedly in existing statutes relating exclusively to minors, that it would be a labor to cite the instances. Certainly in view of all this legislation resting fundamentally on this clear and natural distinction it will not be contended that the Act of May 19, 1887, P. L. 125, authorizing the adoption of minors offends against the restriction forbidding special legislation. We need spend no effort in vindicating it. Assuming that legislation to be general because operating upon all the objects of one class of children, how does legislation operating upon the only remaining class of
The third proposition mistakes the real purpose of the constitutional requirement as to the sufficiency of title. We have said again and again that it was never intended that the title of an act should be a complete index of its context, and that all that is required is that the title shall fairly give notice of the subject of the act so as to reasonably lead to an inquiry into the body of the bill. The purpose of the requirement was to reform a legislative practice which had theretofore prevailed of passing enactments under titles which, because of the generality of the words used therein, gave not even a hint of the subject legislated upon, and so far correct the practice that the title of acts thereafter should be so indicative of the subject of the act as to lead to inquiry and not mislead and extrap: Com. v. Green, 58 Pa. 226; Jewell’s Est., 235 Pa. 119. The title to the act in question directs attention at once to the fact that the subject is “The adoption of any person as an heir,” which was the true and only object of the legislation. While it is fairly open to the criticism that the general words “any person” include more than does the act which limits the objects to adult persons, the exception taken to this does not bring it within the condemned practice which so enlarged the enactment and restricted the title that the latter stood in little if any relation to the former, so far as giving notice was concerned. The mischief never was that the title embraced more than the act, but just the reverse. The other criticism would condemn
Reference
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- Status
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- Syllabus
- Constitutional law — Amending act — Act not purporting to he amended — Purpose of act — Incidental operations of statutes— Special legislation — Classification—Sufficiency of title. 1. The Act of May 9, 1889, P- L. 168, entitled “An act'relating to the adoption of any person as an heir,” is constitutional, and does not.offend against either Section 6, Section 7, or Section 3 of Article III, of the Constitution. 2. While the Act of May 9, 1889, P. L. 168, incidentally operates to change the provisions for distributive shares of a decedent’s estate, under the Act of April 8, 1833, P. L. 315, its effect is not to amend or extend the Act of May 4, 1855, P. L. 430, by charging the course of descent therein directed, and giving to the class of children any different shares or portions than they were entitled to under the conditions there recited, but simply to qualify as legal children certain parties who theretofore were denied adoption, to wit, adults. 3. There is a fundamental distinction warranting separate legislative classification of children as distinguished from adults, and an act providing for the adoption of the latter is not unconstitutional as being special legislation. 4. The title of the Act of May 9, 1889, P. L. 168, directs attention to the fact that the subject is the adoption of “any person as heir,” which was the true and only object of the legislation, and it is, therefore, within the constitutional requirement.