Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1853-12-29
[WHOLE NO. 95.

as clearly unconstitutional. IheS" en-
actments are referred TO. To illustrate the
fickleness OF legislative construction on
constitutional questions-without init
mating any opinion on statutes not judi
cially before US. Legislative construc-
tions thus opposed to each other hardly
deserve to be quoted as authority. If
there is any preponderence. it would seem
to be with that which was more nearly
contemporaneOuS with the constitution.
The ls.. ID, and 81 sections of the ac.
of March 1888, provides for taking vote
! BY townships annually at the April elec-
/ on the license question; and that. without
the consent o. maJorlty OF 1iie regal vo-
I ters OF the township for license none
can issue In connection with the affiir
native vote bond is also required. The
29th section expressly repea!s all other
laws on the subject Of retailing spiritu-
Gus liquors. The 20th section declares
an emergency. and that the act take eI
I feet and be in force from and alter lis
passage and publicat Itwas publish
ed on the 10Th of March, 1888.
Several constitutional provisions are
referred to, with either the letter or spif-
it of which it is con,ended the &C, Of
Mare h /. 1893, conflicts. Thus
The legislative authority Of the State
shall be vested in the genera. assembly.
consisting Of Senate and House of rep
resen;atives. See. l. Art. l.
No law shall be passed the taking ef
feet of which shall be made 10 depend
upon any authority except as provided in
this constitution. Sec. 25. Art. /.
Local laws for the punishment OF Of
Tenders and for the regulation Of county
and township business are expressly for
bidden. Sec. %, AIT. 4.
Whenever a general law can be made
Applicable, all laws shall be general and
of uniform operation throughout the
State" Sec. %. Art. 4.
These provisions are all in the nature Of
restrictions in the legislative authority.
A legislative construction of them falls
within the rule above indicated.
The evil to be remeded by sections 30
and 90. above quoted. was the local and
special legislation so prevalent under The
old system. 1t had grown into such mag
nitude that counties. townships. and even
school and road listricts, have special
laws ~. the management Of their local
affairs.
The practice OF submitting enactments
on vexed questions to the popular vote
had obtained TO some extent Under the old
onst;tuton--w whether consistently with
even that instrument is not for US TO in
quire. Such was the School Law appro-
we'd January. 1919. Such also were sew
eral license laws embracing more or less
territory The legislature had thus. in
some measure. ceased to be representa-
tive body, and was gradually becoming
mere proposer of laws for the considera-
tion and final action of the people.
TO remedy these evils-to restore the
State from being coterie of small indie
} pendencies. with body of local laws
like SO many counties palatine, TO what
J she should be. and was intended 10 be.
unitity governed throughout her borders
on all subjects Of common interest, BY
the same laws, general and uniform in
their operation. the restrictions in sec
tions % and 90 were embodied in the
Constitution.
By the adoption of That instrument.
both the honor and the responsibility of
passing general laws were devo,ved on
the General Assembly. Hence the idea
of any other power 10 make. sanction. or
suspend the laws, or to give them effect.
is necessarily excluded.
Let Us inquire whether the taking ef-
feet of the act of March, 1853, in whole
or in part. is made TO depend upon any
authority unknown TO the Constitution.
The words take effect. ''be in force"
"go into operation" &C.. have been used
interchangeable ever since the srgan;-
cation OF the State. The operation of
the laws" as used in the Goth section
article 4, seems to be their taking effect
and continuing in force.
The act in question consists of two
par;s-the one points out the mode of
obtaining license. the other prescribes
the punishment Cor selling without Ii
cense. The penal part of the act went
into operation Immediately upon publ
sation. The provision for license did
not. Between the 10Th Of March. and
the April election. no license could issue
in any part of the State-the bond and
the affirmative vote of the township be-
ing both essential. Had the people of
each township voted mo license" there
would have been no operative license law
in the State for one year from April 1853.
And had the peple SO voted every year fox
all time TO come. that part of the act re-
lating 10 license could never have had
any force. effect. or operation as law.
So that the taking effect Of the act. or so
muth of i.as least as provided for the
issue of license-in other words. wheth-
er there should be any power TO issue IL
cense, was made to depend on the vots
of the people of each township.