Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1854-06-15
GOVERNOR yIGLER.s LETTER.
HARpIsrURG. TCEE 6. I95-

D.
GeUtleDaeH:-T have been honored by the receipt
of your communication OF the 18th limo, pro-
pounding to me certain questions touching the sub
jeet of a Prohibatory Liquor Law.
To your first inquiry. reply that the supreme
Court of the State have edIv hed and | con
cur in the doctrine, that the Legislature e1cr
else all law-rnaking power not expressly forbidden
by the State Federal Constitution. Under this
construction. | believe TIE Legislature have author
ity 10 control the manufacture and sale of spirit
Gus liquors. but in the use of that pawer it must
be obvious that a law might be passed. which. in
its details. would be manifest violation of the
Constitution. and hence the impos sibiiity OF ar
| swering your question distinctly without seeinz.
the exact terms of the proposed law.
As to the second point in the inquiry, it mus be
very clear that law. constitutional in itself.
would not be rendered otherwise by allowing the
people to decide by vote whether the Legislature
should repeal Ii or not no matter what that vote
might be.
To your second nuury I answer thas sincere
ly depiore the evils of intemperanee and nm nov
willing, l have always been. sanction any
measure 70 mitigate, and, if possible entirely
move the vice. but clrnot pledge myself SANG
ton law, the details of which have not seen
The terms OF the Constitution and oath of off
would seem to forbid this course the part of az
Executive. He should be free to Judge of the cor
stitutiona,ity and wisdom of proposed law after
having fully examined and oGsi Tered is provision.
Very respectfully, your obdient,
VIZ RrGuER
To stephen Miller, Jas. Black; Jas Piper, John
| Jones Geo. W Stanton. Esqs., Committed
>
Mnrov Nay Bath 1854
Gentlemen-Your commune ,ton in reference
to a proL ibaoTy law has been received. and in re-
ply say that the eorstitui0Ea;ity of prohibi-
tory law similar in It's essential features to the one
referred in your incrro ttOries having received
judicial determination by the hi chest Courts Of
several of sistes States AID the pr;ncipi h.viny
been reco snized by the Supreme Court of the Uni
ted States, / relieved from the responsibility
of IL first decision These Courts having aff rrncd
the constitutionality of prohi baoly law, and be-
ing of the highest authority. believe, upon prin-
ci,Jle ard authority su .h law be constitutional
AMI is consitutionaity, in my opinion, would not
be affected by submission of lis repeal to vote
| of the people.
Every measure OF moral or political reform sane
toned By the representatives, of the people. within
| the limits of the Constitution should receive my
official sanction. The expediency and propriety of
such laws for the people, through their repre-
sentatives anl their viii, consttutionaiy declar-
| Ell. should be respected by the Executive If the
people demand, and their representatives enact
such law their will should not be resisted by the
OK ;isc of the veto power-a power purely conser-
valve and only to be exercised in clearly
constitutional or exhibiting indubitabie evidence
of hasty, injurious ard imperfect legislation Such
being my views of official duty in the premises.
should the Legislature, the cons itutiona exponens
of popular WILL act such law, it would, in the
| event of my election receive the Executive sane
| JAMES PoLLocK
| The business committee in the afternoon report
ed series OF resolutions, approving Of the letters
of the Whis ard Native caEdi lates for Governor,
snl declaring il inexpcdient to nominate candi-
date They deem the letter of Gov. Bi.Ier ulsat-
isf4,tory.
The resolutions were, after long discussion
adopted. and ths convention, at Il P NJ, adjourn