State v. Scott
| Citation | 32 Wash. 279,73 P. 365 |
| Court | United States State Supreme Court of Washington |
| Decision Date | 16 July 1903 |
| Parties | STATE v. SCOTT. |
Appeal from Superior Court, King County; Arthur E. Griffin, Judge.
Mack Scott was convicted of rape, and he appeals. Affirmed.
W. H. Morris, Frank S. Southard, Andrew R. Black John E. Humphries, and Harrison Bostwick, for appellant.
W. T Scott, Walter S. Fulton, Vince H. Faben, J. E. Hawkins, and Elmer E. Todd, for the State.
The appellant was convicted of the crime of rape, and appeals from the judgment and sentence pronounced against him. The act under which he was convicted reads as follows:
The only question urged by the appellant is the constitutionality of the above act. He insists that under article 2, § 37, of the Constitution, which provides that no act shall ever be revised or amended by mere reference to its title, but that the revised act or section amended shall be set forth at full length, two things are necessary to the validity of an amendatory act: (1) The title of the act to be amended should be referred to by setting the same out in the title to the amendatory act; and (2) the section as amended should be set forth at full length. Cases from the Supreme Court of Indiana, which will be found collected in Mankin v Pennsylvania Co., 67 N.E. 229, and the cases of Copland v. Pirie, 26 Wash. 481, 67 P. 227, 90 Am. St. Rep. 769, and State ex rel. v. Superior Court, 28 Wash. 317, 68 P. 957, from this court, are cited as maintaining the contention. The cases from Indiana seem to support it. Those from this court, however, do not. The statute in question in Copland v. Pirie was held unconstitutional because it did not set forth at full length the section of the statute it purported to amend, and was not so complete in itself as to be treated as an independent act. In other words, the Legislature sought by that enactment to ingraft into an existing section of the statute an additional provision which altered the scope and effect of the original section, without setting out the section as it would read when amended, rendering it necessary to read both the original and amendatory act to ascertain the legislative will on the particular subject, and it was held that this was violative of the purpose of the constitutional provision. The act in the second case cited was held invalid because its object was not expressed in its title; that is, it was held that a mere reference to the number of the section sought to be amended was insufficient to comply with the section of the Constitution which provides that 'no bill shall embrace more than one subject and that shall be expressed in the title.' The principles announced in these cases are clearly different from the principles contended for in the case before us. Here the act objected to does set forth in full the amended section, and the title contains something more than a mere reference to the section number of the section it purports to amend; it goes further and expresses the subject of the section it amends. If, therefore, it is unconstitutional, it is because it does not in its title refer to the title of the act sought to be amended by setting the same out. But we cannot think this necessary to the validity of an amendatory act. The constitutional requirement is only that the subject of the act be...
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Noble v. Bragaw
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