State v. Deitz

Texas Supreme Court
State v. Deitz, 30 Tex. 511 (Tex. 1867)
Caldwell

State v. Deitz

Opinion of the Court

Caldwell, J.

The indictmentis founded on a law passed by the NIth legislature, approved November 13, 1866, regulating the sale, alienation, removal, or transfer of animals, &e. [Ante, p. 511.]

There were several exceptions to the indictment, which was quashed, and the state appealed.

The only objection we deem necessary to notice goes to the constitutionality of the act. The othe-r points have been determined in Schutze v. The State, [ante, p. 508,] decided at this term of the court.

It is insisted that the law is repugnant to the 24th section, article VII, of the constitution, which is as follows i

“Every law enacted by the legislature .shall' embrace but one object, and that shall be expressed in its title.”

The act in question has for its single object the greater security of stock raisers. It is designed to furnish the means whereby theft of this species of property can be detected and punished, and we think this expressed in its title and none other.

Does it embrace two or more objects? We think not. It requires all persons dealing in stock to place on the records of the county court descriptive lists of animals by them purchased, whether for the purpose of driving out of the county or butchering within the county. It does not create two offenses; stock is the subject legislated on, and the unlawful dealing in is punished.

Reversed and remanded.

Reference

Full Case Name
State v. Johannes Deitz
Cited By
1 case
Status
Published
Syllabus
In the indictment under the act of the 13th of November, 1866, regulating the sale, &c., of animals, it is only necessary to follow the statute substantially. 0 The 24th section, Vllth article, of the constitution of 1866, reads as follows: “ Every law enacted by the legislature shall embrace but one object, and that shall be expressed in the title.” (Paschal’s Dig., 942, sec. 24.) The act of 13th November, 1866, entitled, * “ An act to regulate the sale, alienation, removal, or transfer of animals in this state, and to require butchers to report to the police court all animals slaughtered, and for other purposes,” has a single object—the protection of stock-raisers. It was designed to furnish the means whereby theft of this species of property could be detected and punished. We think the object is expressed in the title. The act requires all persons dealing in stock to place on the records of the county court descriptive lists of animals by them purchased, whether for the purpose of driving out of the county or for butchering within the county, and it is not obnoxious to this constitutional provision.