Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-12-29

mitting the act to be constitutional. is
the evidence sufficient TO justify the md
| ing of the court?'
We cannot see why i: is not clearly so.
Maize admits the sale OF liquor as charg-
ed--admits every thing the State could
be required TO prove 10 entitle her to a
conviction. II there is any prerequisite
in the statute which is constitutional
and. with which be has not complied.
then is the finding and judgment of the
common pleas fully sustained.
The third point is presented in these
words: lis The act of March / 1888, or
so much thereof as requires it 10 be sub
mitted to a vote Of the people of the
several townships. constitutional
Such questions are always regarded by
the Courts as of serious importance. The
judiciary look to the acts Of the Legisla-
ture with great respect, and reconcile
and sustain them, if possible. The Gen
eral Asse embly is the immediate exponent
of the popular will--expressly delegated
to clothe that will with the forms of law.
/ The presumption that such body has
sanctioned enactmentS in violation OF
the Constitution, is not TO be lightly IN
! dulged. That the act is imperfect or I'm
polite is not enough. These defects.
subsequent legislation can amend or re-
peal To bring It's vitality within the
control of the courts. ii must be clearly
subversive OF the Constitution. Fie;ch-
er as. Peck 6 Cranch. 81.
1t is rot necessary to dwell on the duty
Of the judiciary to inquire into the con-
I Stitutionality of The acts of the general
assembly when a proper occasion occurs.
Kent, 44O. The relative positions OF
F., the CO. ordinate branches are generally =
well understood and readily conceded
/ But in the argument of this cause, great
stress is laid on the practical conStruc'
tion, which in the case at bar. the gener-
al assembly has given 10 the ConStitu-
tion-ard the same argument is pressed
in other cases--as though it were pre-
sumption in the courts. composed Of few
me m bers, to question the correctness o.
so numerous body. Were such doc
trinc admitted, all constitutional ques
tions must begin and end with the legiS
lature; for the argument would be equal
" applicable and equally conclusive IL
every case that might arise.
And yet there are considerations tha
might somewh hat abate this blind respect
for legislative exposition. Where The
constitutional provision is restrictive q
:; ss:slatiye authority. the construction
given by the legislature. sitting in judg
ment on the extent OF its own powers,
could not be entitled to much weight
To admit such an exposition as bind
ing" says a late writer. would be tc
permit the department restricted TO d,
away with the very restriction imposed.
Smiths Com. AL. Under our politica
economy and written constitution, Black
stones omni potence Of Parli ment is com
paratively an empty figure of speech
Marberry as Madison, , Dallas. rs.
Kent. 426. The general ssembly is the
mere agent of the people, entrusted will
certain delegated powers. The cens,itu
tion is the letter Of agency. In its ac
tion the assembly is governed sub mod,
by the same rules as other agents; when
ever it transcends lis authority, lis act
are void
When we further reflect on the name
in which important enactments are otter
passed through the forms OF legislation
it would seem that our respect for ths
construction OF the constitution implied
ly given By such acts. might be prof tably
qualified. If, for instance, it appear RS
from the journals, which are the records
of the general assembly. that the consti.
tutionality Of the act had not been con
sidered, such tacit Interpretation of the
constitution. even by so numerous and
respectable body, could scarcely be con
sidered of much weight. or pressed upon
us as authority. Thus. in the present in
stance, bill No. l42 of the House. which
subsequently became the act Of March i
1853. does not appear 10 have been refer.
red to the judiciary committee of eithe,
House. The question ofits constitution.
ality was not even agitated.
When the chain of legislative decision
! is not continuous, il detracts very much
from its authority. A series of interpre-
tations by different assent bies to the same
! effect. acquiesced in and acted upon for
considerable time, would be entitled to
serious consideration. But this looking
TO what has been decided, feature SO
beneficial in the courts. is rare in the 10
gisla ture. For very obvious reasons the
principle which may have beer partially
established by previous assemblies. is not
regarded as binding. Hence, there is not
that uniformity and accumulated weight
of authority. which, on almost all topics,
obtain in judicial decisions. Kyen the
two sessions held under the new consti-
tuition have not tended TO fortify legisla-
tive construction. In accordance with
the views jus; suggested. :he second as
sembly has shown its independence of the
first. What was unconstitutional in the
one was constitutional in the other.--