Fred O. Wilson, Atty. Gen., Earl Anderson, Asst. Atty. Gen., Joseph A. Crowe, Asst. Atty. Gen., Warren McCarthy, Maricopa Co. Atty., Fred Bockmon, Asst. County Atty., for the State.
George M. Sterling, of Phoenix, for defendant.
Whitney, Ironside & Whitney, of Phoenix, amici curiae.
Phelps, Justice. Udall, C. J., and Stanford, De Concini, and La Prade, JJ., concurring.
[74 Ariz. 212] The above-entitled cause was certified to this court under the provisions of section 44-2401, A.C.A.1939, to have determined the constitutionality of chapter 66, A.C.A.1939 as amended, and in particular sections 66-156 and 66-157 thereof.
The first count of the information charged defendant with the operation of a motor vehicle on or about October 22, 1951, while under the influence of intoxicating liquor and with having been theretofore, on July 8, 1950, convicted of a similar offense. The second count charged defendant with having, on the same date, wilfully, unlawfully and recklessly operated a motor vehicle in wilful and wanton disregard for the safety for persons or property and also a prior conviction.
[74 Ariz. 213] It is claimed by defendant that the trial court was without jurisdiction in the matter (1) for the reason that the law under which the defendant is charged is unconstitutional, null and void upon the ground that chapter 3, House Bill No. 5 (chapter 66, A.C.A.1939, as amended) violates the provisions of article 4, part 2, section 13 of the Arizona Constitution; (2) that the information fails to state a public offense upon the ground that the law under which the defendant is sought to be charged is unconstitutional, null and void for the reason that it violates sections 3, 4, 8, 10 and 15 of article 2 of the state constitution; (3) that the law under which defendant is sought to be charged is unconstitutional, null and void upon the ground that it is an unwarranted, arbitrary, capricious, unlawful, illegal and an unconstitutional exercise of the police powers of the state. A motion to quash was presented to the court upon the above grounds and it was at this stage of the proceedings that the cause was certified to this court for the determination of the pertinent issues involved.
We will dispose of the questions in the order in which they appear to us to logically fall.
First, does the title of the act conform with the requirements of article 4, part 2, section 13 of the state constitution? This section provides that:
"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 shall 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 Act in question reads as follows:
"Regulating traffic on highways; defining certain crimes and fixing penalties in the use and operation of vehicles; providing for traffic signs and signals; ...