Board of County Commissioners v. Aspen Mining & Smelting Co.
Colorado Court of Appeals
TSrror to the County Court of Pitkin County. The action was brought by the appellant, plaintiff, against the defendant to recover $100, a- penalty prescribed by section 3, chap. 95 of General Laws as amended by an act of April 2, 1887, entitled “An Act to amend section 29 of chapter XCV. of the General Statutes of the state of Colorado, entitled ‘ Roads and Highways,’ and to repeal sections 30, 31, 32 and 33 thereof, and for other purposes.”
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TSrror to the County Court of Pitkin County. The action was brought by the appellant, plaintiff, against the defendant to recover $100, a- penalty prescribed by section 3, chap. 95 of General Laws as amended by an act of April 2, 1887, entitled “An Act to amend section 29 of chapter XCV. of the General Statutes of the state of Colorado, entitled ‘ Roads and Highways,’ and to repeal sections 30, 31, 32 and 33 thereof, and for other purposes.” By such amendatory act a new section was substituted in the place of sec. 29 of the original act, and secs. 30, 31, 32 and 33 were repealed and a new…
1Opinion of the CourtReed, J.
*225It is contended that section 3 of the amendatory act is not germane, not embraced in the title, and void under sec. 24, art. 5 of the state Constitution. The act is entitled “ An Act to amend sec. 29 * * * and to repeal secs. 30, 31, 32, and 33 thereof, and for other purposes.” The last clause, “ and for other purposes,” may first be disposed of. It is in such connection meaningless, of no legal significance — conveys no idea of any legislative intention whatever.
It is said by Judge Cooley in his excellent work on Const. Lim. 175 (5th ed.): “ The words, ‘ and for other purposes/ must be laid…
2Cases cited8 opinions
- Ryerson v. UtleyMichigan Supreme Court · 1868
- City of St. Louis v. TiefelSupreme Court of Missouri · 1868
- State v. BowersIndiana Supreme Court · 1860
- Mewherter v. PriceIndiana Supreme Court · 1858
- State v. YoungIndiana Supreme Court · 1874
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3Cited by2 opinions
- Williams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1911
- Thompson v. Commercial Credit Equipment Corp.Nebraska Supreme Court · 1959