Smith v. Hansen’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Generally speaking, if the matter contained in an amendatory or supplementary act is germane to the original act, a reference in the title to the section of the statute to be amended or supplemented accurately indicates the general subject of the legislation and is not in violation of the constitutional provision requiring a clear expression of such subject. * * * Also, it has been held that such a reference, although not specifying the nature of the amendment, is adequate, where the subject matter of the actual amendment is “germane” to that of the provision amended — the theory being that the reader of the bill will get enough information by looking at the earlier law and the caption of the amendatory bill. This general rule has no application, however, when the nature of the amendment actually is specified and the title of the bill indicates that a particular change in the original act is proposed. As for example, in both the original title and amended title of S.F. No. 103, the title specifies that § 12-5 is to be amended “so as to prohibit” certain acts. It does not indicate § 12-5 is to be amended in any other respect. The attorney general’s office shows us no reason to believe and no authority for the proposition that this limited purpose of amending, “so as to prohibit” the forbidden acts, could be construed to include all subject matters germane to the original act. It does, however, place reliance upon what was said in the Board of Com’rs v. Stone case, supra, at 51”

   1 later decision quote this exact passage · from the majority
   e.g. Billis v. State

2. “In determining the first question: whether the title of the Act fails to clearly express the subject of the statute, we are aware that no legislative act should be nullified upon constitutional grounds unless such legislation is plainly in violation of the Constitution. It is equally true, however, that the authority of the fundamental law of the state must be recognized, approved and enforced. Section 21 of Article 5 is practically identical with provisions found in most of the state Constitutions, providing that the subject of any act shall be expressed in its title. Our Constitution, however, declares that not only must the subject be expressed in the title, but that such subject must be “clearly” so expressed. The rule, as announced in Cooley’s Constitutional Limitations (6th Ed.) page 178, is as follows: “As the legislature may make the title to an act as restrictive as they please, it is obvious that they may sometimes so frame it as to preclude many matters being included in an act which might with entire propriety have been embraced in one enactment with the matters indicated by the title, but which must now be excluded because the title has been made unnecessarily restrictive. The courts cannot enlarge the scope of the title; they are vested with no dispensing power; the Constitution has made the title the conclusive index to the legislative intent as to what shall be operative; it is no answer to say that the title might have been more comprehensive — in fact the le”

   1 later decision quote this exact passage · from the majority
   e.g. Billis v. State

3. “In the recent case of Morrow v. Diefenderfer, supra, at 384 P.2d 603 , Chief Justice Parker re-emphasized an earlier pronouncement to the effect that the object of Art. 3, § 24, is to prevent surprise or fraud in legislation, caused by provisions in a bill of which the title gives no intimation. Also, an opinion written by former Chief Justice Blume for In re West Highway Sanitary and Improvement District, 77 Wyo. 384 , 317 P.2d 495, 500 , makes it clear that the title to a bill should not be misleading or give rise to surprise or deception, and if a title is specific, it is not entitled to the liberal interpretation which would prevail otherwise.”

   1 later decision quote this exact passage · from the majority
   e.g. Billis v. State