Legal Opinion

State v. Ah Sam

Nevada Supreme Court

Decided January 15, 1880No. 1002PublishedCited by 20 opinions

Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tbe facts appear iu tbe opinion. I. Tbe constitutional provision which declares that every law shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed intlie title, is mandatory. (Cooley’s Con. Lim., 74, 78, 148, 150; People v. Lawrence, 36 Barb. 177; State v. Silver, 9 Nev. 227.) II.

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Appeal from the District Court of the Fourth Judicial District, Humboldt County. Tbe facts appear iu tbe opinion. I. Tbe constitutional provision which declares that every law shall embrace but one subject and matter properly connected therewith, which subject shall be briefly expressed intlie title, is mandatory. (Cooley’s Con. Lim., 74, 78, 148, 150; People v. Lawrence, 36 Barb. 177; State v. Silver, 9 Nev. 227.) II. An act containing subjects not expressed in its title is unconstitutional and void. (Prothro v. Orr, 12 Ga. 36; Robinson v. Bank of Darien, 18 Id. 65; People v. Cleean, 32 111.…

1Opinion of the Court

By the Court,

Beatty, C. J.:

The appellant was convicted of violating section 6 of “ An act amendatory and supplemental of an act to regulate the sale or disposal of opium and to prohibit the keeping of places of resort for smoking or otherwise using that drug,” etc. (Stats. 1879, 121.)

The following is the material portion of said section: “ Section 6. It shall not be lawful for any person to resort to any house, room, or apartment, or other place kept for any of the purposes forbidden by this act, for the purpose of indulging in the use of opium or any preparation containing opium, by smoking…

2Cases cited1 opinion

  1. State v. SilverNevada Supreme Court · 1874

3Cited by20 opinions

  1. State ex rel. Coffin v. AthertonNevada Supreme Court · 1886
  2. Carr v. FrohmillerArizona Supreme Court · 1936
  3. Southern Pac. Co. v. BartineU.S. Circuit Court for the District of Nevada · 1909
  4. State ex rel. Abel v. EggersNevada Supreme Court · 1913
  5. In Re CalvoNevada Supreme Court · 1927

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