Montana Attorney General Opinion 15-562

Opinion No. 562 Coul-ts-Witnesses-Jul'ol"S--l\Iileage -Statutes, Constl'Uction of. HELD: Under Chapter 16, Laws of 1933, the mileage of witnesses and jurors should be computed at the rate , of seven cents per mile. That. the title of an amendatory Act is, of itself, insufficient, is immaterial. if the title of the original act is suf- ficient to embrace the proviSions con- tained in the amenda tory act. June 27, 1934. You request my opinion regarding mileage of witnesses and jurors. When we examine Chapter 16, Laws of 1933, we find the language plain and defi- nite that jurors and witnesses are to receive seven cents per mile. There can be no question whatever as to the in- tent of the legislature. This rule of seven cents per mile has been adopted hv the office of the State Examiner aiId by the clerks and clerks of court of the various counties throughout the State. The objection urged to this Act is that it is unconstitutional and vio- lates Section 23 of Article V of the Constitution in so far as it relates to the fees of witnesses and jurors, which subjects are not mentioned in the title of said Act. Chapter 16. Laws of 1933, is an act which amends certain other Acts. Cer- tain statutes are directly referred to as being amended, in pn rticular Section 4884, R. C. M., 1H21. Section 4884, R. C. af., 1!J21, hoth before and after its amendment, fixed the mileage of witnesse" and jurors as well as offi- (:ers. It is true that the fees of wit- nesses are also fixed in Sections 49~(J 390 OPINIONS OF THE ATTORNEY GENERAL and 4341, R. C. ~f., 1921, which are not expressly repealed by the Act in ques- tion. l\fany authorities may be cited to the effect that the title is insuf- ficient. There appears to be a somewhat dif- ferent rule as to the sufficiency of the title of an amendatory Act. In Cooley on Constitutional Limitations, eighth edition, we find the following: "In amending an act, it may be designated by its title or chapter in an authorized compilation of stat- utes." (Page 318.) "That the title of an amendatory act is. of itself, insufficient, is imma- terial, if the title of the original nct is sufficient to embrace the provision contained in the amendatory act." (Page 319.) The saine rule is recognized in Cor- pus Juris as found in 59 C. J. 816, et seq. In a number of decisions of the Su- preme Court of this state a liberal rule has been adopted where the title of an amendatory Act is being construed. (Hotchkiss Y. Marion, 12 Mont. 218: Rtate v. Long, 21 Mont. 26; State Y. Anaconda Copper Mining Co., 23 Mont. 498; State \". Courtney, 27 Mont. 378: State Y. SilYer Bow Refining Co., 78 )1ont. 1.) As the law is now interpreted it is saYing the various suhdivisions of the State many thousands of dollars. If any juror or witness desires to test the, constitutionality of the law the courts are open for that purpose. The purpose of the Constitutional provision is that legislators may not be deceived as to the purpose and extent of pro- posed legislation. By reference to the statute to be amended and comparison of Its yery brief pro\'isions with the provisions of the Act in question, a clea r perception of the scope and in- tent of the proposed amendment is very easily ascertainable. For the foregoing reasons the inter- pretation given this statute generally by the various county officers in the State should not, be disturbed, and the mileage of witnesses and jurors should be computed at the rate of seven cents per mile.