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22 Ind. 461

Lauer v. State

Indiana Supreme Court

Decided May 15, 1864

Indiana Supreme Court · decided 1864-05-15

<p>Statutes Construed—Constitutional Law.—Temperance Law - Section 14, 1 G. & H. 617, is not embraced by the title of the temperance act, nor properly connected with the subject matter of it, and is therefore unconstitutional and void.</p>

Relies on Shaufler v. State · Kuhns v. Krammis

Good law ✅— No negative treatment on recordhow we know

Decided 1864-05-15

How this case has been cited

Cited by 5 later decisions — most recently March 1915

5 state decisions

20186418701880189019001910decided

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Per Curiam.

¶1Indictment against Lauer for retailing; conviction and fine.

¶2The prosecution was under the 14th section of the temperance law of 1859. 1 G. & IT. 617.

¶3That section is not embraced by the title of the act, nor properly connected with the subject matter of it; and is, therefore, void by the constitution.

¶4That section is upon the jurisdiction of Courts, clearly a subject of legislation by itself, made so by the constitution.

¶5The title of the act is, “ an act to regulate and license the sale of spirituous, vinous, malt and other intoxicating liquors; to prohibit the adulteration of liquors; to repeal all former laws concerning the provisions of this act, and providing penalties for violation thereof.” The subject of jurisdiction of Courts, and of practice therein for the prosecution of offences, is not mentioned in the title. See the cases on this subject referred to in Kuhns v. Krammis, 20 Ind. 490; Thomasson v. The State, 15 Ind. 449, is overruled on this point.

¶6The judgment is reversed; cause remanded to be dismissed.

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