Matter of Application of Mascolo

Fish and Game Law—Division oe State into Districts—Title oe Act.—The act of June 16, 1913 (Stats. 1913, p. 988), entitled “An act to amend an act entitled ‘An act to divide the state of California into six fish and game districts,’ approved March 21, 1911, by adding a new section thereto,” is unconstitutional, for instead of merely adding a new section, the act purports not only to divide the state into seven fish and game districts, but in fact otherwise materially changes and amends every section of the original act of 1911 (Stats. 1911, p. 425).

Id.—Void Amendatory Statute—Eeeect on Original Act.—Such act being void, it is inoperative for any purpose and effects no change whatsoever in the original act of 1911, whereby Los Angeles County was designated as being in the sixth fish and game district.

Id.—Section 636% of Penal Code—Uniformity of Operation— Special or Local Law.—Section 636% of the Penal Code, enacted in 1913 pursuant to section 25% of article IV of the constitution authorizing the legislature to create fish and game districts and enact such laws for the protection of fish and game therein as it may deem appropriate to the respective districts, which section provides that “every person .who at any time shall cast, extend, set, draw, use, or continue or assist in casting, extending, setting, drawing, using, or continuing any paranzella, or trawl net for catching fish shell-fish, shrimp, or crabs in the waters of fish and game district six or in the waters of Monterey Bay, shall be guilty of a misdemeanor,” is not in contravention of section 11 of article I of the constitution requiring that “all laws of a general nature shall have a uniform operation”; nor of subdivision 2, section 25 of article IV, which prohibits the passage of local or special laws “for the punishment of crimes or misdemeanors.”

Id.—Title of Act More Comprehensive Than Act Itself.—Nor does such act contravene section 24 of article IV of the constitution, which provides that “every act shall embrace but one subject, which subject shall be expressed in its title.” While the title prohibits the use of lompara, paranzella, trawl or drag nets, the inhibition in the body of the act is directed to paranzella and trawl nets only; but the fact that the title is broader than the act itself does not render the act obnoxious to the section of the constitution in question.

Id.—Statute Void in Part—Whether Invalid in Toto.—Although a statute may be invalid or unconstitutional in part, the part that is valid will be sustained if it can be separated from that part which is void.

Id.—Special Law for Punishment of Crime—Section 636% of Penal Code.—Such section 636% of the Penal Code is not invalid because of subdivision 2, section 25 of article TV of the constitution prohibiting the legislature from passing local or special laws for the punishment of crimes and misdemeanors, since that provision of the constitution is qualified and limited by section 25% of article IV, subsequently adopted.