Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1848-07-27
The License Law.

1t has already been made known that the
Governor has called upon the Judges Of the
Supreme Court for an opinion upon the con-
ettutonality of the license law, as amended by
the General Assembly at the June session. il
will be seen by the following correspondence,
that the Judges prefer 10 reserve their opinion
until an actual case shall arise, and shall be
argued before them. Whether the Governor
will agree with the suggestion Of the Judges,
or whether he will insist upon an opinion IN
advance, we are not informed. We understand
that no prosecutions have been made IN this city
for violations of the law, although 1t is openly
broken every day. .---Pror. Jour.
TO The Honorable Justices If hs Supreme Court
ofh State Of Rhode Eiand, dc.
Whereas doubts have been expressed con-
cernlng the constltutonaty Of the act passed
at the late June session ofthe General Asscmb-
", entitled an act in amendment OF an act en-
titled I" an act enabling town councils TO grant
licenses for retailing strong liquors, and for
other purposes"
/ deem it to be my duty 10 request Of your
Ilonors written opinion, whether any part OF
said law conflicts with the PROVISIONS Of the
constitution Of this State.
Very respectfully yours,
ELISHA HARRIS, Governor.
Providence, July 6. 1913.
PRoyIDENcE, July Is, 1913.
To has Ercchcncy Ehsha Huris, Governor, 3-c
/ SIR; The Undersigned, Justices Of the
Supreme Court, have received your request for u
written opinion upon the question wheth0r any
portion of the act passed AT the late June sess-
ion OF the General A sembly entitled " an act
in amendment of an act entitled an act enabling
town councils to grant licenses for retailing
strong liquors, and for other puposcs,' con-
cis with the constitution Of this State. The
act Of the late June session, referred 10 in your
EXcellency' S request, Il a criminal law, sub
lectng offenders against 1t TO penalty oi TWEEN
ty dollars its coustutlonaliiy can be tried
and determined in the ordinary course OF legal
proceedings.
The constitution, article lst, section 10th, de
clarcs that the accused IN all criminal prosecu-
tions shall have the right to have the assistance
of counsel in his defence, and shall be at ibcr-
ty to speak for himself. And, for aught we
know, complaints under the act in question
/ may have already been made, which will !eaC
to such course of proceeding as will bring
! the question before us judicially for determine
| ton within few days. BY such a course
| the accused viii have the opportunity to bI
/ heard in his defence, the court viii have th'
benefit Of an argument by counsel, and We nee'
not say, that decision made under such cir
cumstanccs will be more satisfactory TO the
community, rs well as TO the court, than an
opinion given in advance Of legal proceedings,
and without any argument by counsel.
/. Under those circumstances, we beg leave to
suggest to your EXeelIency, whether II would
not be wiser and more just to leave TIE matter
to be determined in the ordinary course Of lcga
/ proceedings.
We are, very respectfully,
Your ohedlcnt servants,
RICHARD w. GREENE,
LEVI HALE,
/ w. X. STAPLES.
GEO. A. BRANION.