Grand River times. [volume] (Grand Haven, Mich.) 1851-18??, 1854-03-22
SUPREME COURT.-March 10.

ent at the late sessions Of the Court, and Judge
Copeland is absent from the same cause.
The PRoHIBIroRy LIQUOR LAw.-People Us.
Patrick Collins.--Pratt, 1.-The submission of
the liquor law Of 1864 to the people was uncon-
siitutional, and the law is therefore invalid.
The legislature cannot avoid the responsibility
Of the final passage of laws, and no law is valid
unless brought into effect upon that response
bility. t,rl
Our constitution contains full provision con-
corning legislation, and the legislature can only
confer Legislative or other powers In such man
ner, and on such bodies as therein contemplate
ed. f..,., Ill .....t
The clauses of the act providing for submits
sion to the people, are not independent but are
go connected with the rest of the act as to be
) inseparable from it; and they cannot be ex-
punge6 SO as TO leave the rest OF the law in
force. $3.50 tte
That submission was an attempt to confer leg
islative power to the people, and the legislature
had no power to confer it.
This act is also unconstitutional, because it
embraces more than one object. The manufac-
ture Is thing entirely distinct from the traffic,
and both cannot be included in one act.
The act contains third object, to wit the
creation Of system of liquor dealing by the
townships, which is not in any wise referred to
in the title.
The submission to the people is likewise
distinct and separate object of legislation.
This act authorizes license Tor the sale OF IL
ouor, and is therefore void. sa.
The 10th section requires impossible evidence
TO clear the accused and is repugnant to common
right. -@t2
The legislature cannot take away private
rights by the seizure and destruction of proper
~ lawfully acquired, and this law is invalid on
that account.
. This act is retrospective in its character, and
inconsistent with guaranteed private rights and
property. No such power as is here exercised
can be deemed to be conferred on any legisla-
ture by mere implication.
The first section is equally obnoxious to this
objection The manufacture of liquor not being
in itself nuisance, cannot be absolutely prohib-
tied. Individual rights cannot be considered as
Yielded up, any further than is necessary to the
proper exercise of the powers of government.
DOUGLAS, J.-Concurs in declaring the law
unconstitutional. No act is valid unless eman.
ating from the sources prescribed in the Consti-
tuition. The Legislative power is vested in the
Senate and House of Representatives.
Laws are general, local. and special The two
first are legislative acts. Special laws are gen.
orally Of an administrative character.
The Legislature may delegate powers of local
legislation to such an extent as the Constitution
provides But the Constitution contains full
provisions regulating this, and authorizes by en-
press grant, the delegation Of certain local pow
ers, to counties and towns. But they cannot
give all local legislation even to them. They
cannot divest themselves of their own power.
Powers of an administrative or special charac-
Ter may be lodged In other bodies or persons,
out of the necessity of the case.
They cannot delegate any person to make
general laws. Such delegation is in conflict
with constitutional provisions.
The rights of the people over legislation are
fully guarded, and secured by the representative
system provided for. 1t is only deliberate and
settled public opinion, which is intended by the
Constitution as proper 10 enact laws,-not the
temporary opinion of casual majority of the
people at any one moment Hasty and incon-
siderate legislation is intended to be guarded
against.
The legislature are not mere agents to pass
into laws any supposed opinions of majority
of the electors, but they and the Governor are
bound to use their own judgment in allowing
laws to come into operation,--on their own re-
sponsibility.
This law delegates legislative power to the
people, and if in force derives its force from that
delegated power In the general banking law,
the people have reserred the right of Legislation,
and the legislature on that subject have no com.
plete power of legislation The submission of
this law is substantially in the same form con-
templated for that.
The Legislature may pass laws to take effect
upon contingency, but that contingency must
not be one which involves the exercise of gen.
eral legislative power elsewhere.
Judge Douglass is preparing an opinion in
writing, which will appear in a few days
MARTIN, 1.-The Legislature may delegate
any power except that to pass general laws.
This law is general law, and if anything in it
involves the exercise of legislative power it is
unconstitutional
This law is perfect in itself as much as in any
contingent law. 1t would take effect at any
rate in 1870, and all the people did was to
choose between two periods-and fix contin-
gency.
1t isno objection that the contingency depend
ed on The opinion of the people on the expedi-
ENJOY Of The Jaw.
GREEN, This law does not delegate legs-
lative power
IF it did not, when it come from the legisla-
ture, completely express their will, it is conced-
ed, it is invalid.
The vote was taken under the law md it is
only by force of the law that the vote or its re-
suit, had any effect. %
The contingency was entirely within their dis
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