Page:North Dakota Reports (vol. 1).pdf/272

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NORTH DAKOTA REPORTS.

State v. Stebbins, 1 Steward, 312; Austin v. State, 10 Mo. 591; Myers v. Irvine, 2 Serg. & R. 368. The provision of the constitution that “no bill shall embrace more than one subject,” must receive a liberal construction: Cooley Con. Lim. 146; Johnson v. Higgins, 3 Metc. (Ky.) 566. “Where the title of the act expresses a general subject, all matters fairly and reasonably connected with it, and all measures which will or may facilitate its accomplishment, are proper to be incorporated in the act and are germane to the title.” In re Knaust, 101 N. Y. 194; People v. Briggs, 50 N. Y. 553; In re Comrs. 10 Alt Rep. 363; State v. Judge, 2 Iowa, 280; State v. Cassidy, 22 Minn. 312; People v. Mahoney, 13 Mich. 481; City v. Huegele, 18 N. E. 172; People v. Blue Mountain Joe, 21 id. 923; Fahy v. State, 11 8. W. 108; Black v. State, 66 Ala. 494; Blood v. Mercelliott, 53 Pa. St. 392; Poffinbarger v. Smith, 43 N. W. 1150.

Wallin, J. Defendant’s return to the writ shows that the relator is detained in defendant’s custody, as sheriff of Kidder county, by virtue of a certain warrant of commitment for the alleged offense of doing business as an individual banker, contrary to the provisions of § 27 of the act entitled “ An act to provide for the organization and government of state banks.” Chapter 23, Laws of N. Dak. 1890, p. 106. Section 27 of the act reads as follows: ‘It shall be unlawful for any individual, firm, or corporation to continue to transact a banking business, or to receive deposits for a period longer than six months immediately after the passage and approval of this act, without first having complied with and organized under the provisions of this act. Any person violating the provisions of this section, either individually or as an interested party, in any association or corporation, shall be guilty of a misdemeanor, and, on conviction thereof, be fined not less than five hundred (500) dollars, nor more than $1,000, or imprisonment in the county jail not less than ninety days, or either, or both, at the discretion of the court.” The other provisions of the statute need not be quoted. For the purposes of this case, it will suffice to state that the statute contains thirty sections, which, taken together, provide fully and minutely for the organization and government of banking corporations in this state. By its terms, the business of con-