The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1854-05-02
THE MICHIGAN LIQUOR Law.
Opinion Of Judges Douglass, Wing and Copeland,
IN THE SUPREME COURT
rnE PEOPLE VS.. PATRIcK COLLINS.

This is an action of debt to recover the pen
atty for selling arden, spirits prescribed ny
'an act prohibiting the manniacture of intox-
eating beverages and the traffic therein. APP
proved February 18th. 1883, ia. 1853. p. 100 J
Tho offence is alleged IT, have heen committed
on the 9th day December, 1853 And tho
question presented is whether at that time
those provisions of the act which prescribe the
penalty and the mode of recovering it were in
| force.
The 18th. 10Th and goth sections Of the ac,
provided that vote of tho electors of the State
should be taken at the time and in the man
ner prescribed, and that in case majority of
the. votes cast Mt such election should be in fa-
vor of It's adoption. the "act should become a
law of this State from and after Dec. l, 1853,
If against its adoption. sit should take effect
and become law of this State on and after
March 1, 1870" The election was held in
i June last in pursuance of these sections, and
resulted ina majority Of votes in favor OF the
adoption Of the law. If the act is H. force,
(cxccpt the sections mentioncd.) it took effect
as law, in virtue of the popular VOTE on tho
lst Of December last
We are Of tho opinion that it never has been
cons,tniionallv pat in force.
In establishing government the willof the
people is sovereign. They may organize such
! government invest i with such powers con
fer those pow RS upon such agents or reserve
them 10 themselves. rs they NAV deem most
| conducive to their own welfare. But when
| thev have adopted written constitution of
government all collectively as well as ndi-
vidually are bound by il The varions powers
of The government NAV be exercised by Those
in whom the constitution vests them. or con-
templates they NAV be vested. No act of the
government can emanate from any oiher source
mot even from the people themselves. The
people have such control over its action thro'h
the right of suffrage or otherwise, and such
right to participate in the exercise Of It's sovc-
| reign powers. as they have reserved to them
| selves and no other.
| The constitution If 1851 vests the lcgisla-
tive power in this State in Senate and House
Of Representatives Cart. A. s ~ This article
confrrs tho entire supreme legislative power
upon these two b"d:es. except in single in
stance. Art. Is 2 declares that no banking
law shall have effect until approved by ma
| joritv of The electors of the state. In this in
stance the people have reserved legislative
power TO themselves All other legislative
power in this State are exercised BY the legis-
larnre, or by those to whom they have consti.
'utionalv delegated it.
The LEGISLATURE may delegate this power in
those cases where the consi tuition authorises
| and confemplates it. and IN no Others. All our
| American constitutions State ard Federal con-
template or expressly provide for local self
government. They gn upon the principle of
leading matters of purely local concern to the
control of those directly interested CountIcs.
| townships. cities and villages, with pow ers of
| local Legislation. have ALWAYS existed amonp us
| Our fnrefa'hers brought with them from the
mo'her country The eipal institutions
| which have performed so important part in
| the development of modern civil liberty by
| preventing the cpntrnlization OF power Their
existence in perhaps every State. has preced' d
| the abortion Of written constitutions. All
| these constitutions assume their existence and
con emplato thai they will continue to exist
and NAV fairly be held 20 imply that the ord
nary powers of legislation with which they
have been vested. may. rs occasion shall re-
quirc be conferred upon them. Our own co :
stitu,on provides that counties and tow ships
| shall be bodies corporate frih suoh pO,rer and
| immvnitirs as shall be prescribed bv lar (Art.
10 Sl Art. IL S2.l And Ar T. 3S. de
clares what is CLEARLY 70 he inferred rnm nu-
mcrous other provisions that the Legislature
NAV confer upon orpanizod townships. incor
pora,cd cities and VILLAGES and upon the
| boards of supervisors of the several counties.
such powers of local iegisiatjre ard adminis
traiive character as they NAV drru proper -
IOWcrs OF lncal eglsl'tlOn. tncn. may De FeItga
| ted 10 these mnniciple hodics. hccause it is nu-
thorize1, and. as we conceive. for no oiher
con. Ard in the case of townships. cities. and
villc ges the fnndamertal law being silcn, on
tho snhjcct these powers may be vested in tho
people of these bodies. or in persons chosen by
the people This is matter in the discretion
Of the legislature Whether in any case they
can be vested i'm the people of n county. instead
of the board of supervisors, i'm this State, il is
unnecessary to determine. Probably they
may: certainly so in those States whose con-
stitutions designate no persons within tho
county upon whom such powers are to be con
ferred. But even in tho eases referred to only
powers of legislation over matters of lo"nl con-
ccrn can be delegated. If the legislature
should attempt to invest the boards of supervi-
sors with power to enact tho entire civil and
criminal codes which should be IN force within
their respective couniios. this would manifcstly
be in violation of the true intent and spirit of
| the constitution
That tho legislature NAV confer upon others
in their discretion. administrative powers, nee
4 essary or proper for carrying on the govern
ment, not otherwise vested by the constitution.
and in some cases involving the exercise of
discretion which they themselves might, but
could not conveniently. have exercised. no ono
will question. These however, arc not law
making powers and therefore do not here re-
qur particular notice. ir
But the power of enacting general laws can
not be deegated--not even 10 the people
There is nothing in the constitution which au
tories or contemplates It: nothing in the ma
ture of the power which requires it: nothing in
the usages Of our American governments which
sanctions it: no single adjudication of any
court in this Union which snstains il: and such
delegation would DO contrary to the intent
manifested by the very structure of the lcgisIa-
tive department ofrhe government
While the power and responsibility of legis-
laton remain where the constitution has placed
them. before any proposed measure can he
come n law. II must first struggle for ascenden-
cy at the ballot box amid the numerous issues
involved in all political contests. |, must pass
through the ordeal of the public aud deliberate
discussion in the legislature. 1t must receive
the sanction of the concurrent votes of ma.
Ijoriiy. or. having been returned with the Gov
ernor's veto, of two thirds IF thSmcmbers of
thetwo houses Of which the legislature is com
posed--votes cast by mon who are not mere