The Weekly comet. [volume] (Baton Rouge, La.) 1853-1855, 1854-07-30

before the people. As to the general
merits Of the question: Of License OF
no License, have nothing to say. II
you feel SO disposed, you can repair to
the "Old Church tonight, and clock
horns with Young America who, I
am told, will be out in all her glory
on that interesting occasion. But ]
merely wish to call your attention to a
legal opinion, to which you have given
the sanction oftle Comet. You deny
the right of the Board of Selectmen
to order q new election to decide the
tie in the second Waid.
Now sir, will you or any one else
who holds that opinion, give me one
single principal of law, or one single
dictate Of sound reason to support it.
] have heard none as yet.
You seem to take rather 4 strange
view Of the question.
One would Judge from your remarks
that the Board Of Selectmen were de
termined to force down the Threats of
the people nolens roiens, an arbitrary
and unconstitutional enactment.
Allow me me to say sir, that this is
no affair of the Board of Selectmen.
1t is no business of theirs to override
the law of the land, and pronounce
it unconstitutional On the contrary,
they are entirely subservant to the
Legislature and bound to carry out
its acts.
Now as to the duties imposed upon
them bv the present act.
BY the way, my dear sir, have YOU
ever read that act attentively, or do
YOU merely, as is the case of of most
persons, take it entirely on hearsay.
Let us look az it. | have not room
to quote it all, but to prevent the i'm
putation of garbling, will refer to it
it See Acts Of 1a54-p. 154)
Be 1t ennctcd d.c--That from
anil after the passage of this act,
the Police Juries of the several parish
es, and the Municipal authoritis of
the several cities. towns, &c &c
Shall have the erciusire ro1rer to
make such laws and regulations for
the sale, or prohibition of the sale of
Intoxicating liquors, as they may deem
advisable, and to grant or withhold
license from drinking houses and
shops within the limits, DC. &c. As
a majority Of the legal voters &c &c,
may determine by ballot, and the
said ballot shall be taken annually.
Now sir, pray let me ask what is a
determination Of questions Does a
tie vote determane anything2 Does it
elect a man to Office or does it express
the views of the people Yet you say
that the question is settled. Pray how
is it settled 2 For license or against
it2 1t cant be for license, for because
all previous laws on that subject are
repealed, and this law, says that after
rs passage, the licenses granted must
be granted with the assent Of q ma
lorlty Of The roters Of the ward.-
There is no majority. How then can
license be granted.
Well, does the vote settle the ques
ton against license2 presume you
and any one else would say no.
The fact Of the matter is, it settles
nothing at all, and, as an election. is q
mere nullity.
Section 4th of the act above quoted
says that the Corporations "as soon as
may be- shall cause the act to be car
ried into effect. The same injunction
is still left upon the Board as before to
have it decided, The retailers of Ii
quors have q right to require it, for
licenses cannot be granted without an
affirmative vote of the people. They
are more interested in the matter than
any body else. The Board must car
~ out the law. "A tie vote is nothing.
But it is said that the law provides for
only one election annually,
Docs not the Constitution say that q
man connot be tried twice for the same
oflence9 But suppose the Jury does
not agree. What then /? Why the
man is tried over again, simply be-
cause the first trial was no t11ul at all
and decided nothing.
In conclusion-l have all due res
pect for your opinion, and that of all
Il II Il l