396 State Horticultural Society. 



Boonville, Mo., December 24, 1906. 

 L. A. Goodman, Esq., Secretary Missouri State Horticultural So- 

 ciety, Kansas City, Mo.: 



Dear Sir — I have examined the act approved March 31, 1893 

 (Session Acts 1893-27,) which provides for the organization of 

 the "Missouri State Horticultural Society," and have also investi- 

 gated the question submitted by your committee as to the power of 

 the General Assembly to make appropriations out of the State 

 treasury in aid of the Association attempted to be created by said 

 act. 



Section 28, article 4 of the Constitution declares that "No bill 

 * * * shall contain more than one subject." The purpose of 

 this provision is to prevent incongruous matters which have no con- 

 nection with each other from being joined in the same bill. The 

 first part of the act under consideration creates the State Board of 

 Agriculture, and provides for the appointment of the members 

 thereof, and the duties which they shall perform. The last two 

 sections have reference to the Missouri State Horticultural Society, 

 which is an entirely separate organization, having no connection 

 w^hatever with the State Board of Agriculture. The State Board 

 of Agriculture and the Missouri State Horticultural Society seem 

 to be entirely distinct, and, so far as the act upon its face shows, 

 are wholly disconnected. 



Section 53, article 4 of the Constitution provides that "the 

 General Assembly shall not pass any local or special law creating 

 corporations." The same provision is reiterated in section 2 of 

 article 12. The purpose of the act of 1893 would seem to be to 

 create, by special law, a corporation, to be known as the "Missouri 

 State Horticultural Society." It will be noted that this Association 

 is not a mere agency of the State government for the performance 

 of a public function or duty devolving upon the State. The act 

 simply creates a corporation, but does not define its powers and 

 duties, except in a most general way, if it can be said to do so at all. 

 Section 46, article 4, declares that "The General Assembly 

 shall have no power to make any grant of public money or thing of 

 value to any individual, association of individuals, municipal or 

 other corporation whatsoever," except in cases of public calamity. 

 There is nothing in the act of 1893 that removes the State Horti- 

 cultural Society from the provision of this section, so far as I can 

 see. It is like any other corporation or association formed for the 

 promotion of any particular industry or business enterprise of the 

 State. All societies of this character are an indirect benefit to the 



