Weber v. Commonwealth

• Decision Date: 20 February 1903
• Citation: 72 S.W. 30
• Parties: WEBER v. COMMONWEALTH.
• Court: Kentucky Court of Appeals

72 S.W. 30

WEBER v. COMMONWEALTH.

Court of Appeals of Kentucky.

February 20, 1903

Appeal from circuit court, Daviess county.

"Not to be officially reported."

John Weber appeals from a conviction. Affirmed.

Sweeney Ellis & Sweeney, for appellant.

Clifton J. Pratt and M. R. Todd, for the Commonwealth.

HOBSON J.

Appellant John Weber, was indicted under section 1241a, subsec. 1, Ky St., for the crime of unlawfully, willfully, and feloniously confederating with certain other persons for the purpose of intimidating and injuring William Dowdell. He was convicted, and punishment was fixed at one year's confinement in the penitentiary.

The proof shows that a party of men came to Dowdell's house about half past 10 o'clock at night, tied him to a tree, and whipped him unmercifully. There is no controversy on this point in the evidence, and there is no attempt to show any facts in mitigation of the offense, or to attack in any way Dowdell's credibility or character. The only defense made by the defendant is that he was not present, and had nothing to do with the act. He introduced proof tending to establish an alibi, but the evidence was conflicting as to his whereabouts at the time the offense was committed, and, there being positive testimony of several witnesses that he was present, assisting in the whipping of Dowdell, we cannot disturb the verdict of the jury on the facts.

It is earnestly insisted that the statute is invalid, under section 51 of the constitution, which provides that no law enacted by the general assembly shall relate to more than one subject and that shall be expressed in the title. The title to the act is in these words: "An act to prevent lynching and injury to and destruction of real and personal property in this commonwealth at the hands of mobs or other riotous assemblages and to prevent the posting and circulation of threatening letters and to prescribe penalties for the enforcement of its provisions." The act is in 11 sections, and all its provisions are germane to the subject expressed in the title. The general subject of the act is the better preservation of the public peace and the suppression of mobs and other unlawful confederations. The whole of the act relates to this subject. While the title of the act might have been more concisely expressed, it seems to us to state the subject of legislation with sufficient clearness to indicate to a person of ordinary intelligence what was meant. It is true the first section of the act provides against persons banding themselves together for the purpose of injuring or disturbing another; the second, against those banding themselves together for the purpose of injuring or destroying property; the ninth, against those who send or put up a threatening notice or letter. But all these things have a natural connection, and fall under the general subject which the Legislature had in mind. The work of the Legislature would be interminable if such matters as these must all be put in separate bills, and could not be united in one act. The sending of threatening letters has a natural connection with the subject of the act, because such letters and notices are means commonly employed to terrify and annoy citizens by the lawless persons aimed at in the other sections of the act. The subject of legislation under section 51 of the constitution may, as has often been held by this court, be very broad in its nature. Thus the act of February 15, 1854, was entitled "An act to provide for the appointment of special judges of the county court and police or city courts," and under this title there was a provision authorizing the holding of special terms of the county court by the regular...