any legislative enactment or law of the State of North Dakota be declared unconstitutional unless at least four of the judges of the Supreme Court so decide.
Opinion filed Oct. 31, 1921.
Appeal from the District Court of Cass County; Cole, J.
From an order overruling a demurrer to the complaint, defendants appeal.
Reversed.
W. H. Shure and George E. Wallace, (B. F. Spalding and Wm. Lemke, Atty. General of counsel) for appellant.
“It is a sufficient compliance with the constitutional requirement if the subject matter of such amendment is germane to the subject matter of of the original act and is within the title of that act.” State v. Fargo Bottling Company, 19 N. D. 396; Erickson v. Cass County, 11 N. D. 496; Faton v. Guarantee Company, 11 N. D. 79.
An act permitting recovery of money paid at an invalid tax sale is germane to the matter of collection of taxes on land by means of sale. Sherwood v. Barnes County, 22 N. D. 310; Paine v. Dickey County, 8 N. D. 581.
An act permitting the sale of intoxicating liquor for certain purposes and prohibiting it for others under regulations, constitutes but one subject. State v. Haas, 2 N. D. 202.
Engerud, Divet, Holt & Frame, for respondent.
“No law shall be passed except by a bill adopted by both houses, and no bill shall be so altered and amended in its passage through either house as to change its original purpose.” Constitution, § 58; Fillimore v. Van Horn, (Mich.) 88 N. W. 69; State v. Burlington &c (Neb.) 84 N. W. 254; In re House Bill (Colo.) 21 Pac. 472.
The title of a bill must be a constant quantity, not subject to amendment, or at least not subject to such an alteration as will effect a substantial change in it. Irwin v. State, (Tenn.) 93 S. W. 73; State v. Baseball Club (Tenn.) 154 S. W. 1151; Simpson v. Stockyards, 102 Fed. 799;
