Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-03-18
THE LIQUOR LAW IN MICHIGAN.


Supreme Court of Michigan has not affirmed the
constitutionality of the Liquor Law of that State
as stated in Geographic despatch few days ago
The Court was equally divided on the question We
append the report of the proceedings:
SUPREME CoURr DEoIsIoss.-The Supreme Court met
on Friday the 10th instant at the adjourned hour Pre-
sent, Chief Justice GREEN Justices WING PRATT, DouG-
LASS, MARTIN and JOHNSON. Judge WHIppLE being Sc
yerey ILL., has been present with the other Judges
their late sessions Judge COPELAND was absent from
the cause.
| Tile People Us. Patrick, Collins
The opinion in this case declaring the Michigan Lii
quor Law unconstitutional, read by Justice PRATT
1t was marked by oil the forcefu argument and deter
mined expression that characterzes the man He espe
ciay condemned the modern mode Of referring laws to
the people for the exercise Of their judgment upon them
in order to give them vitality as laws, highly destruc
tive Of representative responsibility, and calculated
overurn entire Government constituted that
it fact revolutionary and appropriately so held
able opinion delivered in the Supreme Court of the
State Delaware and also by the highest tribunal Of the
State of Pennsylvania. The referred to and relied
by counsel for the people he held in no way analogous
to the before the Court and expressed his surprise
that any should claim that they The Legsla-
ure in claim that any other body can pass
upon the expediency of law than themselves The con-
sttuton imposes this duty imperatively on them and
they cannot Dodge evade it in any manner whatever
The Judge held that the law unconstitutional other
grounds among which he mentioned the fact of its emit
Ting which embraced two distinct objects contrary to the
requirements Of the constitution regulating this matter
The clause in the constitution prohibiting any law to be
passed authorizing licenses for the sale of LIQUORS also
renders this law unconstitutional the latter licenses
individuals to sell liquors The clause in the law author
zng liquors to be seized and destroyed unless they
found IN the original imported packages is enough Of
itself to destroy the law. Never was more unjust pro-
vision inserted in any law it violates all the first prnc
pies OF the rules of evidence and outrages itself
would De impossible for the owner by absolute and po
sluve proof to make the showing required by law in
der to save his property honestly and lawfully acquired
from wanton destruction 1t abrogates the vested rights
OF individuals to their private property urder the cons
tuition, by Its retrospective action, without making any
compensation whatever for their destruction The fun
damenta principles of government and evil liberty rem
der this right to private property and this act
gross and glazing nfraction of this part of the cons
tuition ana OF the principles which founded The
Legislature might just well prohibit the manufacture
Of steam engines, which annually destroy valuable lives
as to prohibit the manufacture of ardent spirits which is
essential to the welfare of the community in its connex
Ion with trade and manufacture. may regulate its per-
nlclous ana unwhoesome in the community, but
not prohibit its manufacture without attacking of the
fundamental rights for which Government was establish.
ed and which the Legislature neither abrogate nor
override. This to manufacture article useful in
the community is natural right of the CITIZEN and if it is
overturned by general law of the Legislature what be-
comes of vested rights? No view can be taken of this
act which does not show it to be fagrany il violation of
the constitution; monster which is disgrace to the
Statute Book 1t is said that the few should be sacrificed
for the good Of the but do not understand my
duty; and have yet to the first who advocates
this principle who is willing to sacrifice himself his
property for the good Of the public They not sin
cere therefore, in their philanthrophy It is the mere
thunder Of demaggues, who the greatest nusances
about our Government The moral reform of the Amer-
can people can never be accomplished by penal
actments. ...
Judge DOUGLASS said he considered the law unconst-
utonal, but had not yet written his opinion He had
only this morning concluded to give expression to his
nv narnJ 80 nozo
exercised by those to whom they appropriately
trusted The legislative power entrusted the Legs
ature and some of their powers may be delegated Laws
are general local. or special As to local laws, it is
for the Legislature delegate powers local egs
aton as contemplated by the constitution the case
of townships, &c. There limit however to this dele
CATION OF local legislation by the Legislature but the
extent contemplated by the constitution there can be
delegation of legislation In the case of special laws also
Legislature may confer such discretionary powers ON
| others as they could exercise themselves
But the Legislature delegate power pass gen.
eral aws, because there is authority to do in the
constitution has been approved done by
any of cur republican Governments The people have
control over the Legislature far to send the law
makers to do their work under the constitution but they
have no further power the aw-making body there
after 1t supposed that the legislators carry public
opinion with them to their work. and that the popular
majority will, through them, secure the embodiment in
law OF the popular will 1t is supposed that the surest
way to protect the people against hasty legislation is
hold the strictly responsible for the discharge
OF their duties under the constitution and not to allow
delegation to the people of legislative powers
This law in question does delegate legislative power
the people, and if tits in force to-day it is only by virtue
OF this delegated legislative power In the gen.
eral banking law the constitution directly provides for
reference to the people before such law into ope
ration But such constitutional provision is found to
save this law and in its absence it cannot stand consti
tutionally.
1t is said, however, that laws may be passed to take
effect on contingency. admit this to be SO but all
the cases reported OF this kind will be found to be either
OF special or local character. law passed. to be
cepted afterwards by corporation, goes into effect at
once and becomes contract, after its conditions
ceped between the Legislature and the corporation.
There is no difficulty in reconcng these cases this
ground and on the other hand there appears be de-
cded and unoroken current of authority and from
OF the best courts in the land opposed this delegation
OF legislative power for the passage Of general laws
The Judge had hoped that this law might have been
tanned but on careful examination of the subject he
was compelled to acknowledge that if this law was sus-
tanned 1t would strike dangerous blow to the consti
tuition.
This opinion stated with great cearness and pre-
cson and placed the question on grounds that to his
Honor and many of the members of the Bar present
| seemed utterly unanswerabe.
Judge MARTIN read opinion in favor of the consti-
tutionaty OF the law. He considered the law general
one according to the classification of Judge Douglass
The Will OF the people, expressed by their vote was
mere accident or contingency which the law became
operative not the motive and creative power which gave
fe There was no legislative power delegated by this
law to the people 1t law by force of constitu-
onal provisions before it referred to the people and
the latter, as already ntimated mere contingency
or event. on the happening of which the law was to 10
into effect The vote Of the people only operated to
bring about this contingency Who say that the Lee