The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1854-05-02

were laws relating 10 matters OF local concern,
made to take effect upon vote OF the people
of county or township in their favor, and In
our Wow valid. not because legislative powers
was not delegated. buI because in ,hose cases
the legislature had authority to delegate it,
Many other Instances referred TO woro laws
which as thev came from the hands oftlie leg
is!aiure were valid enactment- in the nature
of propositions. md the popular vote was n
mere acceptance of the terms proposed, tlikc
the acceptance 1T an act ereating private cor
pora,iun.) and ihercf re not an exercise OF le-
gslatise power at all. Such was The vote OF
the conve, ton uppp which the admission of
this State into the Union was made to depend
by the act Of Congress of June 15, 1880. Al
attempt to refer to tho various laws cited woold
lead TO great prplxty. There Is one instance
however. OF what NAV bo termed general leg
islotion which requires notice. Il has been
urged that, upon the principles wo maintain,
the constitutions oflS5t has never bcen adop-
ted. for tho convention which framed it submit
ted il to the people TO determine whether il
should take effect or not. " the, convention
hsd power te enact the cnns ituiion tnIl, with.
out submitting it t. the people, which nay
well he disputed, we clearly of tho opinion
that they are authorized to delegate this pow
er 10 the people. md most nnquestiont bly, thov
did so by tho suhmission-for certainly it was
the people vino made it the Fundamental law.
There was nothing in the constitution OF 1885
or in the nature or objects of the convention,
inconsis'ant with such n submission. That
constitution merely provided for the calling of
convention when two-thrds of each branch
of he Legislature should think u revision neces-
sary and majority of The people voted in fa-
vor OF it, but did not prescribe the powers or
duties of the convention when called. IL did
not p Guide that the potoer O revision should be
utsted in the convention Gar. IL. S2) and as
constitutions are ALWAYS in theory the direct
expression of the will of the people, and in
nearly every Instance in this country have been
adopted by them, there can be no donbt that
the submission in tho present constitution 10
the peope was in entire accordance with the
true intent of constitution which it superseded.
Those of our brethren who arc of The opin-
ion that the law in question is now in force,
concur in the views exnressed in the Supreme
Court of New York for the 7th District. in the
case of johnson VS.. Rich before cited. They
hold thar an act might be made to take effect
upon the happening of any future ovent, Ger
tain or ceningent: that when such an act takes
effect it does so in virtue solely Of the will OF
he legislature which prescrbcs the event and
its powers, and therefore no legislative power
| IL d'icEo'chs 4hhbeHS o'o Va thO sH"s
this was valid statute to take effect on the
happening If future contingent event, name
ly: The result of "a popular vote.
Unquesionobly no legislative Is conferred
by an oct the taking effect of which is made tn
depend upon tie happening of some future o.
vent which Is mere change of circums ances
upon which the cxpediency of the law in the
Judgment If tho law makers depends, such as
change If the seasons, or hostile invasion.
For In such n enso, il is most clearly the will
of the legislature which puts the legislature
NJ hich puts tho law in force No oher will is
exertrd To that end. The event Is the mere
occasion : the ca Sc OF it, coming into effect.
The legislature de- not refer il to Others TO de-
terminc whe,er it shall hevome n law or bot
Aud on the question of tho cxpcdicncy of the
law, they exercise their own judgment definite
ly and finally. They do not appeal to others
to Judge for them as 10 it's present or future
expedIency. They exercise the will and the
discretion which in the case of general laws
the constitution makes it their duty to exer-
else. No legislative power is conferred by
those provisions of the net which prcscribo the
event and make il tho occasion of the taking
effect of the taking effect of The law, Ct is alb
surd To speak Of prescribing the power OF such
an evcnt,l because tee event duplicates no ex-
ertion OF intelligent piH Ia determining wheth-
er il shall take eifec' or not.
Bot whore the taking effect of an act is made
10 defend epOn future eueni, which, like the
popular vote in this case. in mere exerc Sc
and expression Of the samo will and the samo
judgment as to the expedioncy OF tho law.
which the legislature would hnve exercised if
they had enacted that the law should take ef
feet Internationally at the time specified. how
can il be said that the law comes into force in
iurol The event itself is an exercise of the
niH of the people to determine, and which
does determine. The very question whether the
law shall take effect or not. How can it be
said that the legislature determine iii We
trust We have already shown that in such q
case it is the will of the people. and not of tho
legislature. which makes the act law; that
it is the people, and not the legislature. who
Judge and determine as TO the cxpedency: and
that bccause the event itself is a nero exercise
of legislative will and discretion. those provls-
ions of the act which "prescribe the event and
its poicerr delegate legislative power.
That reasoning which overlooks tho wido
distinction between tho making an act To- take
effect upon the happenng of an event which
is, and one which is not the mole exercise of
legislative will and discretion. and infers that
because legislative power is not delegated
~ the one case, u Us not IN Tue Otner, is surely
fallacious. 4ov-iv
Unqucstonably it is true that tho legisla-
iure may enact valid law to take effect on
the happening of any future event. cer,ain or
contingent. which does not involve the excr
else by others of Iha, legislative will and dis
crctrn. which they cannot cpnstitutionally del
ogate TO them the power Of exercising. Thus
FAR the doctrine that laws may be made to-
take effect upon future events extends and no
further. .,e, fe fIl
Finally If il is true. as all concede. that pow
or of legislation IN reference TO general laws
cannot BE- delegated to the people, because if
this were SO, by the action of ono of its depart
mcns. this representative government may be
into democracy, in which the
Legislative merely propose the laws, and the
pcoplc adopt or reject them. Is Il not clear that
the law in question has not been constitution
ally put in force? For call it a law TO take ef
feet upon contingency, or law delcgaiog
power--call il what we will, this is certain, that
in substance and effect. the law was mcrely
prol osed by the legislature. aud. if their vote
had any validity, adopted by tho people.
S,MrFT IT DorcrAss