Herald of the times. [volume] (Newport, R.I.) 1849-1856, 1854-04-27

some 20, 900 voters IN all,-may, in a
case like this when submitted TO them,
virtually and IN effect make a law Of
continuing, binding lorce, or, repeal il,
by neglecting 10 vote,-cr by repeating
by their votes. The law or enactment
in such a case is not completed, and
thereby Internationally invested with
the full powers and authority Of legis-
lative act, unit! portion of the people,
or ma jority oi the voters voting upon
the question, shall thus determine the
character Of the enactment, ons way or
the o'her,--either by rpealing It, or
voting that il shall not be repealed
or by 10, voting at all and thereby caus-
ing the law to remain upon the Statute
book as law.
The General Assembly cannot, a.
they attempted to in this case, delegate
TO the people the power to give to and
yes, in. or TO take from, a law It's char
acter, power and vitality, as a law.
Upon the question Of repeating this
Act, which was submitte 10 the voters
at the April elec tion, 1853, there were
l7,443 votes cast 9074 votes were
against repeal, an 1869 in favor,-so
that 6,736 votes were balanc, d, equal
ized and rendered powsrlsss, - while
The remainder Of the voters voting upon
this question, viz :-705-which was
the declared maJori,y,-dscided that the
Ac, should not be repealed, but should
become and thereafter be and remain a
idw thus in given case, one voier,
being The majority, could have done the
same thing,-made q iav,- when in
TACT no power, but that constitutionally
derived from the people, and vested IN
the Senate and House Of Representa-
tive', can IN any mode exercis, the law
making power. The people having once
delegated their power, to make laws,
to the General Assembly by adopting
the Con sti,u,ion, the General Assembly
cannot dlvest themselves OF that power,
or invest il in the EsopIe, or any other
body or power.
II the 10Th section Of the law, which
provides Tor its submissisl to the people
for them TO say whether or not it shall
be repealed, - uuconstitutl ma, then
the whole law is unconstitutional, be-
cause that 18Th section goes to the very
essence and vitality OF the Iaw,-and
without thst, the law is not legal and
constitutional enactment si the Gener-
al Assembly, inasmuch as it was pass
ed upon by the people, contrary 10 the
spIrit and provisions OF the Cons,itu.
tion.
The Court were referred TO the fol.
lowing authorities -
In the Delewaro case, Ricer W Fos-
ter. 4lh Harr. (Deeware) Reports,
AT, tie Court decided tho following
points
Law is rule oi conduct prescribed
by legislative power for the government
OF the citizens OF the State.
Legislative power in this State is
vested IN a General Assembly, Consist.
ing Of Senate and House OF Repre-
sentalives.
The people have divested themselves
Of all legislative power, and vested it
in this body. They can resume it only
in tho forms OF the Constitution or by
revolution.
The General Assembly cannot dele
gate this power to any other person or
body, not even ~ the people at large
nor can ;hey make 1t depend on the as
S mt or approval Of any other.
The citizen ls bound to obey the will
Of the Legislature as prescribed in the
written statute. II the statute IN itself
give no evidence Of legislative will as
rule of conduct, the citizen cannot obey
II; if it subjec, the legislative will TO
any other will, the citizen is not bound
to obey it.
The net Of ls47, "authorizing the
people to decide by ballot whether the
license to retail intoxicating liquors
shall be permitted among them" ex-
presses no legislative will on this ques-
ton, Prescrites no rule Of conduct for
the government Of the citizen, and dele
gates legislative poaer to the people Of
each county.
The Pennsylvania Reporter, Parker
vs.. Commonwealth, 9th Bars. Reports,
5O7, thus states the case in that statute
Under the Constitution oi Pennsyl-
yania, Legislative power must be eler
cised by the Legislature created by
that constitution. Hence the act Of
l846, giving the citizens OF certain
counties the power to decide by vote
whether the sale Of vinous and spiritous
liquors shall be continued within such
counties, aud imposing a penalty for the
sale Of such liquors, where a majority Of
the votes had been against such sale, 10
unconstitutional end void.
In the foregoing cases the Courts
carefully and clearly notice the dis
tinction between the case now in ques-
ton, and the case where revised sta
tutes are to take effect upon the issuing