State v. Crites, No. 21054.

CourtUnited States State Supreme Court of Missouri
Writing for the CourtWhite
Citation277 Mo. 194,209 S.W. 863
PartiesSTATE v. CRITES.
Decision Date04 March 1919
Docket NumberNo. 21054.
209 S.W. 863
277 Mo. 194
STATE
v.
CRITES.
No. 21054.
Supreme Court of Missouri, Division No. 2.
March 4, 1919.

Appeal from Criminal Court, Greene County; C. H. Skinker, Judge.

Joseph J. Crites was indicted for entering into a contract to promote the passage of a certain bill for compensation contingent upon the final enactment into law of a certain measure. From a final judgment quashing the indictment, the State appeals. Affirmed.

Frank W. McAllister, Atty. Gen., and H. B. Hunt and Shrader P. Howell, Asst. Attys. Gen., for the State.

Barbour & McDavid and Thomas J. Delaney, all of Springfield, for respondent.

WHITE, C.


The defendant was indicted by the grand jury of Greene county on the charge of entering into a contract to promote the passage of a certain bill in the Forty-Ninth General Assembly for a compensation of $2,500, the payment of which was contingent upon the final enactment into law of the said measure, contrary to section 8150, Rev. St. 1909. The defendant filed a motion to quash the indictment on several grounds, and the motion was sustained. The state appealed from the final judgment thereupon entered.

In the motion to quash the indictment it is urged, among other things, that the section of the statute upon which the indictment is based is unconstitutional, because contrary to the provisions of section 28, article 4, of the said Constitution which provides:

"No bill * * * shall contain more than one subject, which shall be clearly expressed in its title."

Section 8150 was enacted in 1907. The bill containing it has the following title:

"An act entitled an act, requiring legislative counsel and legislative agents retained or employed for compensation by any person, firm, corporation or association to promote or oppose the passage of bills or resolutions, or the approval of the same, to file with the secretary of state a statement in writing subscribed by such counsel or agent stating the name of the person, firm, corporation or association by whom or on whose behalf he is retained or employed, together with a brief description of the legislation in reference to which such service is to be rendered, requiring itemized statement of expenditures to be filed, prohibiting legislative agents or counsel from going upon the floor of the Legislature, providing penalties for the violation of this act, with an emergency clause."

The first section of the act provides that every person retained or employed for a compensation to promote or oppose the passage of any bill in either house of the Legislature shall register, giving full particulars as to whom he represents, etc. Then follows in the same section this provision:

"And no person shall accept any such employment or render any such service for compensation contingent upon the passage or defeat of any legislative measure or measures."

Penalties for the violation of the act, fine or imprisonment, or both, are provided. It is the provision just quoted which the indictment charges the defendant with having violated. The respondent claims that it affects a subject not clearly expressed in the title of the bill.

It is argued by counsel for the state that the particular acts prohibited in the passage quoted come within the general scope of the title; that the general subject of the act is sufficiently broad to embrace them. They assert that the title in a general way indicates the subject, and the particular matter affected by the provision is a detail of that subject, a specification included in the general subject-matter. If that were true, the indictment would have to be held good.

Now what is the general subject mentioned in the title? Certainly "legislative counsel and legislative agents." If the title of the act simply stated that it was an act respecting legislative counsel and legislative agents, the particular matters mentioned would be within its scope. The title, however, does not stop there; it is further restrictive. Counsel for the state assert that after the general subject-matter the title in particular relates to "compensation of legislative agents." In this...

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17 practice notes
  • State ex rel. Penal Institutions v. Becker, No. 31674.
    • United States
    • United States State Supreme Court of Missouri
    • March 15, 1932
    ...v. Rawlings, 232 Mo. 558; State v. Sloan, 258 Mo. 314; Booth v. Scott, 276 Mo. 23; Hardware Co. v. Fisher, 269 Mo. 278; State v. Crites, 277 Mo. 194. (2) The object of Sec. 28, Art. IV, of the Constitution of Missouri is to have the title of an act to indicate its general contents. State ex......
  • State v. Hedrick, No. 23106.
    • United States
    • United States State Supreme Court of Missouri
    • April 3, 1922
    ...1 Story, Constitution, § 451; State ex rel. City of Chillicothe v. Gordon, 233 Mo. 383, 387, 135 S. W. 929; State v. Crites, 241 S.W. 428 277 Mo. 194, 209 S. W. 863; Woodward Hardware Co. v. Fischer, 269 Mo. 271, 190 S. W. 576; Berry v. Majestic Milling Co., 284 Mo. 182, 223 S. W. 738; Stat......
  • State ex rel. Transport Mfg. Co. v. Bates, No. 41456.
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1949
    ...258 Mo. 275, 167 S.W. 965; State v. Sloan, 258 Mo. 305, 167 S.W. 500; State v. McEniry, 269 Mo. 228, 190 S.W. 272; State v. Crites, 277 Mo. 194, 209 S.W. 863; State ex rel. v. Gideon, 277 Mo. 356, 210 S.W. 358; Vice v. Kirksville, 280 Mo. 348, 217 S.W. 97; State ex inf. v. Imhoff, 291 Mo. 6......
  • Graves v. Purcell, No. 34169.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...to the limits of the narrower language contained in the title. [State ex rel. v. Hackmann, 292 Mo. 27, 237 S.W. 742; State v. Crites, 277 Mo. 194, 209 S.W. 863.] In some instances the particulars set forth in the title expressly or by necessary implication restrict the meaning and scope of ......
  • Request a trial to view additional results
17 cases
  • State ex rel. Penal Institutions v. Becker, No. 31674.
    • United States
    • United States State Supreme Court of Missouri
    • March 15, 1932
    ...v. Rawlings, 232 Mo. 558; State v. Sloan, 258 Mo. 314; Booth v. Scott, 276 Mo. 23; Hardware Co. v. Fisher, 269 Mo. 278; State v. Crites, 277 Mo. 194. (2) The object of Sec. 28, Art. IV, of the Constitution of Missouri is to have the title of an act to indicate its general contents. State ex......
  • State v. Hedrick, No. 23106.
    • United States
    • United States State Supreme Court of Missouri
    • April 3, 1922
    ...1 Story, Constitution, § 451; State ex rel. City of Chillicothe v. Gordon, 233 Mo. 383, 387, 135 S. W. 929; State v. Crites, 241 S.W. 428 277 Mo. 194, 209 S. W. 863; Woodward Hardware Co. v. Fischer, 269 Mo. 271, 190 S. W. 576; Berry v. Majestic Milling Co., 284 Mo. 182, 223 S. W. 738; Stat......
  • State ex rel. Transport Mfg. Co. v. Bates, No. 41456.
    • United States
    • United States State Supreme Court of Missouri
    • November 14, 1949
    ...258 Mo. 275, 167 S.W. 965; State v. Sloan, 258 Mo. 305, 167 S.W. 500; State v. McEniry, 269 Mo. 228, 190 S.W. 272; State v. Crites, 277 Mo. 194, 209 S.W. 863; State ex rel. v. Gideon, 277 Mo. 356, 210 S.W. 358; Vice v. Kirksville, 280 Mo. 348, 217 S.W. 97; State ex inf. v. Imhoff, 291 Mo. 6......
  • Graves v. Purcell, No. 34169.
    • United States
    • United States State Supreme Court of Missouri
    • July 30, 1935
    ...to the limits of the narrower language contained in the title. [State ex rel. v. Hackmann, 292 Mo. 27, 237 S.W. 742; State v. Crites, 277 Mo. 194, 209 S.W. 863.] In some instances the particulars set forth in the title expressly or by necessary implication restrict the meaning and scope of ......
  • Request a trial to view additional results

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