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In re Lewkowitz

Supreme Court of Arizona

January 16, 1950

In re LEWKOWITZ et al

Page 691

Motions granted.

Alfred C. Lockwood, of Phoenix, for State Bar of Arizona.

Fred C. Struckmeyer, of Phoenix, Louis B. Whitney, of Phoenix, for respondent, Herman Lewkowitz.

Mark Wilmer, of Phoenix, for respondent, Raymond R. Wein, Fred A. Ironside, Jr., of Phoenix, of counsel.

Phelps, Justice. La Prade, C. J., and Udall, Stanford and De Concini, JJ., concur.

OPINION

Phelps, Justice.

Page 692

[69 Ariz. 349] The questions of law here involved are presented to us in support of motions to vacate, quash and dismiss an order to show cause directed against respondents, issued out of this court in the above entitled cause. [69 Ariz. 350] In view of the importance of the matter presented we deem it advisable to depart from our usual practice and to record our views in a written decision.

The first claim of respondents is that in so far as the provisions of the State Bar Act deal with rules of professional conduct, disbarment and discipline, breach of rules, local administrative committees, and proceedings and procedure of disbarment, such provisions are violative of article 4, part 2, section 13 of the Arizona constitution and are therefore void.

Article 4, part 2, section 13, of our constitution provides: "Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which will not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title."

The title to the Arizona State Bar Act, A.C.A.1939, § 32-301 et seq., here under consideration reads as follows: "An act relating to the state bar, and creating a public corporation to be known as 'The State Bar of Arizona.' Laws of 1933, ch. 66, [p. 251]."

Query: Considering the portions of the act to which the assignment is directed, is the title thereof sufficient to meet the requirements of the above provisions of the constitution?

In arriving at an answer to the question, we will assume as a premise well-established rules of statutory construction to which this court is definitely committed:

1. That the court must give full weight to the law making power of the legislative branch of government and that no court should declare legislation invalid if there can be found a legal basis for its validity. Hernandez v. Frohmiller,68 Ariz. 242, 204 P.2d 854. The rule that every intendment must be indulged by the courts in favor of the validity of a statute is applicable to statutes claimed to be unconstitutional as in violation of the constitutional provision ...


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