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LAW (GENERAL)

Statutes

See also 85, Overlegislation; 88, Special laws

Publication of session laws

Del. Amdg. R.C. '93 ch.4 §1, 2 rel. to publication & binding of session laws. 28 ’o5 ch.9, 3o Mr Ind. Amdg. R.S.' 52 ch.96 §5 rel. to preparation of laws for State Printer by Sec. of State. 18

'05 ch.4, 11 F

Mo. Const. amdts. to be published with session laws; prima facie correct. Adds R.S. '99 84164a-b. 28

'05 p.208, 10 Mr

Neb. Authorizing J. E. Cobbey to publish biennial session laws on same plan as Ann.S. 28

'05 ch.169, 9 F

eN. D. Sec. of State to secure copyright of session laws. 18

’o5 ch.162, 6 Mr

Or. Certain laws to be compiled & printed in pamphlet form for free distribution. '05 p.438, 16 F

Or. Session laws to be numbered consecutively & to include laws passed by people under Const. art.4 §1. 18 '05 ch.160, 21 F

6 Publication in newspaper

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N. Y. Amdg. county law '92 ch.686 §19 rel. to designation of newspapers to publish session laws. '05 ch.496, 17 My

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Construction of statutes

Cal. Amdg. P.C. §17 rel. to definition of terms used in P. C. 18
’o5 ch.r27, 18 Mr
Cal. Amdg. Pen.Č. §7 rel. to definition of terms used in Pen.C. 1§
’o5 ch.476, 21 Mr

Revision and compilation

Cal. Amdg. '95 ch.222 §9: Com'n for Revision & Reform of the Law is to exist till May 1, 1907 [1905]. 1§ ’o5 ch.343, 20 Mr

Ct. Judiciary committee of Leg. to appoint person to index G.S. of 1902 & session laws through 1907; distribution. 2§

'05 special acts, ch.400, 6 J1 Fla. G.S. of state of Florida of 1903 enacted as statute law; publication & sale; $10,000. 128 '05 ch.1, 29 My

C Mich. Sec. of State to publish index to C.L. '97 & session laws to date. 5§ '05 ch.298, 17 Je Minn. Rep. 'or ch.241, '03 ch.157 which provided for appointment of com'n of 3 to revise & annotate gen. laws & report to Gov. Dec. 1, 1904. 18 '05 ch.147, 11 Ap; '05 ch.148, 11 Ap Minn. Atty. Gen., Sec. of State & State Printer to act as com'n to provide for publishing & distributing R.S. '05; $10,000; copyright to belong to state. 6§ '05 ch. 185, 15 Ap

Minn. Designating com'r to edit & annotate R.L. '05; $5000.

68 '05 ch.218, 17 Ap

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N. Y. STATE LIBRARY INDEX OF LEGISLATION 1905

N. D. Provision for compilation & publication of R.C. of 1905.

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’o5 ch.4r, r5 Mr

"An act providing for revision of the Vt. statutes." 58
'04 ch.158, 9 D

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'05 p.518, 24 F

W. Va. Provision for 5th edition of C.; Gov. to appoint compiler;
sale & distribution. 58

Statutes declared unconstitutional

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By highest court of state or of United States. Entries under this head
duplicated under the specific subject of the law declared unconstitutional.
Ala. Msdr. for employee or lessee abandoning written contract to
make similar agreement with other party. '01 p.131, 1 Mr. Unconst.
Abridges right to contract in manner not within police power. Toney
v. State 37 S. 332 (1904).

b Ark. "An act to protect game & fish of state

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ch.162, 24 Ap. Unconst. in so far as it prohibits nonresident land-
owner from hunting & fishing, denying equal protection of law &
taking property without due process of law. State v. Mallory 83 S. W.
955 (1904).

Ark. Msdr. for other than resident of county to peddle certain
articles without license. S. '04 §6886. Unconst. Class legislation
denies equal protection of law. Ex parte Deeds 87 S. W. 1030 (1905).
Cal. Bd of directors of irrigation district may pledge works paid
for by taxation as security for bonds. '93 ch.148, 11 Mr; amdg. '87
ch.34817. Unconst. Deprives district landowners of property
without due process of law & impairs obligation of contract. Mer-
chants Bank of San Diego v. Escondido Irr. Dist. 77 P. 937 (1904).

Ga. Initial or connecting carrier to trace cause of damage to
freight & report to shipper or be liable for loss. C. '95 §2317-18.
Unconst. as to interstate commerce violating commerce clause of fed-
eral Const. Central of Ga. Ry. v. Murphey 196 U. S. 194 (1905).
f Ill. Collector to add $10 drainage tax for each 40 acres where
owner has not cleared stream. R.S. '99 ch.42 §200-1. Unconst.
Confuses judicial & administrative functions; deprives of property
without due process of law. Cleveland C. C. & St L. R. Co. v. People
72 N. E. 725 (1904).

g Ill. Adoption of ordinances for local improvements in cities of
20,000-50,000; referendum in cities of 28,000-50,000. '03 p.101,

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15 My. Unconst. Arbitrary classification to evade const. provision
against local legislation. L'Hote v. Village of Milford 72 N. E. 399
(1904).

Ind. Providing for extension of boundaries of city of 6000-
7000 not operating under special charter. ’o3 ch.ro5, 7 Mr.
Unconst. Arbitrary classification in effect local legislation. Town
of Longview v. City of Crawfordsville 73 N. E. 78 (1905).

Ind. Sale of merchandise in bulk not in course of trade void as to
creditors who supplied stock or loaned money for business unless
notice is given as prescribed. '03 ch.153, 9 Mr. Unconst. Arbi-
trarily creates class of preferred creditors denying equal protection of
law. McKinster v. Sager 72 N. E. 854 (1904).

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LAW (GENERAL)

Kan. City of 2d class may charge high school tuition fee. '89 ch.224, 2 Mr. Unconst. "Common schools" as used in Const. art.6 §2 means free schools. Bd. of Education v. Dick 78 P.812 (1904).

Kan. Establishing branch State Penitentiary & Oil Refinery at Peru to be operated by convict labor. '05 ch.478, 17 F. Unconst. Violates Const. art. 11 §8, which forbids Leg. to undertake internal 'improvements. State v. Kelly 81 P. 450 (1905).

Ky. Clerk of Circuit Court in county containing 2d class city to act on bd of election com'rs with power of sheriff. '04 ch.93, 22 Mr; amdg. 'oo ch.5 §2 (ex. sess.). Unconst. Arbitrary classification; special legislation. Droege v. McInerney 87 S. W. 1085 (1905).

La. Prisoner may be tried in parish within 100 yd of boundary line of which offense was committed. R.L.'04 $988. Unconst. Const. art.9 provides that trial shall be in parish where offense was committed. State v. Montgomery 38 S. 949 (1905).

P La. Appeal from conviction & fine of $1000 in City Court for
Islander to be taken to District Court. '88 ch.118, 12 Jl. Unconst.
Supreme Court has jurisdiction of appeals of $300. State v. Judge of
1st Dist. Court 37 S. 546 (1904).

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La. Including retail drummers in definition of hawkers & peddlers for purpose of license tax. '04 ch.49, 28 Je; amdg. '00 ch.103 $12. Unconst. in so far as it taxes transient merchants selling by sample; subject not included in title. Beary v. Narrau 37 S. 961

(1905).

Γ Md. Landowner to have right of way over adjoining land to church, market town, etc. & may obtain private road by application to county com'rs. C. art. 25 100-21. Unconst. Takes private property for private use. Arnsperger v. Crawford 61 A. 413 (1905).

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Mich. Com'r to draft standard fire policy, amend it when necessary and fix time when its use should be obligatory. '81 ch.149, 12 My. Unconst. Delegation of leg. authority. King v. Concordia Fire Ins. Co. 103 N. W. 616 (1905).

Mich. Assmt. of corp. property for taxation. C.L.'97 $3834. Unconst. as to proviso taxing personalty of corp. engaged in commerce or navigation only in city, village or township named in article of incorp.; violates rule of uniformity allowing corp. to fix situs for taxation. Teagan Transp. Co. et al. v. Bd of Assessors of Detroit 102 N.W. 273 (1905), City of Detroit v. Mackinaw Transp. Co. 103 N.W. 557 (1905).

Mich. Appeal dismissed either before or after passage of act for nonpayment of register's fee may be reinstated by Supreme Court. ’o5 ch.15, io Mr amdg. C.L. '97 $552. Unconst. as to appeals dismissed before passage as impairing vested right. Lohrstorfer v. Lohrstorfer 104 N.W. 142 (1905).

Minn. "An act to enforce payment of taxes which became delinquent in & prior to 1879." '81 ch.135, 7 Mr. Unconst. in so far as it authorizes enforcement of taxes barred by statute of limitations. Folsom v. Whitney 104 N.W. 140 (1905).

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