Jeffersonian Republican. [volume] (Stroudsburg, Pa.) 1840-1853, 1847-12-09

A week or two ago, we mentioned tha, the
Supreme Court Of this State, sitting at Piusburg,
had decided the law TO be unconstitutional and
void which authorized the electors Of certain
townships and counties 10 determine by direct
vote whether or not the sale Of intoxicating Ii
quors as beverage should be licensed within
their respective limits but, al that time. we
were unable 10 state upon what grounds the
Court rested It's decision Since then, the
udgmen, of the Court, and the reasons assigned
for il, have been al large in the newspapers.
The Court declares-lst. That, by the Con
s,itu,ion, all the Legislative powers Of the
State are conferred upon The General Assem-
bly, Cd. that ,ha, the General Assembly can
no, transfer its legislative powers 10 the inhab-
i,ants Of particular districts, or to the ci'izens
Of the state generally; Sd. that authorizing the
people Of a township or county. or of,he entire
state, to decide question by ballot, is confer
ring upon such people legislative rights. and
is, therefore At varience wi,hahe constitution.
Undoubtedly, sha, is law which the highes,
tribunal pronounces to be law; and the Legs.
Iaiure itself, Is we'll as The people of The state,
must conform TO the decision of the Cour. in
this case, as in all others. But, does i, no, ap
pear exceedingly strange that this principle of
Interpretation was never applied
in any olher instance, il. indeed. i, was ever
though, Of before In New York, Connect
cai, and Massachusetts, laws, substantially a.
greeing with that of This slate, have existed
upon The statute books, and been adjudged by
the Courts 10 be constitutional and valid. An
appeal was taken from the Court of Massachu.
sells to the Supreme Court OF the United States,
and by that Court, The bighes, and most re-
spectacle in The country, the law was sustained
Yet, the Supreme Court Of Pennsylvania ha.
decided law, differing from the laws Of the
s,ales referred 10 in no essential particular, TO
be contrary 10 the constitution.
Il is no novelty in hi. stale for questions to
be decided by direc, vote of the inhabitants
specially interested. Questions Of the division
Of counties and the removal Of county seats,
have, in almost numberless instances, been
submitted BY The Legislature TO The electors Of
The counties concerned. AT The late election,
the citizens Of Delaware and Schuylkill coun-
Ties decided by balo, upon the removal Of
their seats Of justice, respectively. Are all
these proceedings illegal aud void ! They in
rolve the same principle, and mus, stand or fall
with H. So to, the people Of this state once
determined by ballot to sell The main line Of
public works, on certain conditions. Had they
no righ' 10 do sol According to The principle
now laid down by the court, they had not, We
sPPrehend The principle reaches much farther
than the Court. a, The momen, supposed il did,
aud ,hs, The application of i, 10 The case in ques-
,ion will lead to serious perplexi,ies in other
matters.
SuIl. il 10 better to have the question OF the
validity Of the Law settled, than 10 have il re.
main in iaceri.ude. Both The fiends and en-.
smies Of ,empersncs now know wha, 10 de-.
pend upon, and can, inelligen,ly, take such
measures as they may deem proper.
Honesdate Democrat