The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1867-05-22
DAILY PRESS,
POR1'IANn
Wednesday Morning, May %, 1867,
The Prohibitory Amendments.

To tie Editor ofthe Press:
The amendments to the Liquor law in this
State to be voted upon by the people legally
qualified on the Sd of June. Not remarklng
upon the feasibility or nOn-feasibiilty ol the
law or amendments or at all discussing the tenn
perance question we would call the attention
OF the public to a discussion in the Massachu-
sets Senate upon the Roxbury An
nexation bill. Senator Morse (R. nj. Morse,
Jr.,l an able lawyer, in the course of his re-
marks, o9jecting to the reference of said bill to
tne people, read decisions by the Supreme
courts IN Delaware and Pennsylvania upon
similar questions, in which it was decided that
the Legislature had no right to delegate its
power To the people or make its acts dependent
upon the happening of any event. He believ-
ed that if the matter was submitted TO the peo-
pic 1t would be, at least, an act of doubtful
constitutionality and it would not be impossi-
bic that the point might be successfully raised
and the whole action of the Legislature thus
made null and void Mr.. Allen of Suffolk
Ia lawyer) also thought ii Of doubtful constitu-
tionality. 1T was common fact, that no Leg
islature could delegate its powers to the people,
no more than to single individual"
MIR. Powerman of Berkshire said "the ques-
tion had been fully discussed in the States of
New York and Pennsylvania and it had been
decided that in no sense had a legislature the
right to submit one of its laws to the people for
ratification. 1t would be contrary to the sense
and genius OF our government, for legislatures,
not the people, are to make laws. Not only in
New York and in Pennsylvania, but in Della
ware and Maine, the question has been settled
and if it is raised in Massachusetts it will be
settled in the same way" The reference of
Roxbury and Boston amendment was lost "a
to4.
Now, Mr.. Editor, it seems perfectly plain
that the people or rather the voters represent
ing the people at large, parted with their indiv-
idual responsibility in regard to statute laws
when they cast their votes for or against the
present members of the Legislature and if the
statement is true, that Maine has decided that
such references to the people of laws passed is
unconstitutional then we would ask whether
the proposed voting for the prohibitory Amend
ment, on the Sd of June can be constitutional
ly or legally done. If not, then why waste
time in the discussion? LEX.
Comments of the Press-Our correspond
ent is quite right, so far as the legal principle
is concerned, but mistaken in his application
of it. The Legislature is the only law making
power recognized by the Constitution of Maine
and has no authority to delegate any legisla-
tive duty. The Legislature must either act f.
nally or not at all. Inchoate or conditional
legislation is no legislation at all. At the close
of the session such bills as have not passed
through all the regular stages become mere
waste paper, while an act dependent for its val
idity upon the consent of any other body or
even of the people at the polls, is not really an
| act but suggestion which neither is nor can
become a law. This principle however does
not apply to the case in hand. The Legislature
of Maine last winter passed "an act additional
to and amendatory of chapter SO of the laws Of
1858, for the suppression of drinking houses
and tippling shops" absolutely and uncondi.
tionally, to take effect on the first of July next
Subsequently separate act was passed, "to
ascertain the will OF the people concerning tn,
sale of Intoxicating liquors" and declarin.
that if majority of the votes cast on the frs
Monday in June shall be against the amenda
tory act above-named, "th1 said act is there
by repealed" The amendatory act was passed
it will be observed, as Internationally as any
| law of the session. An affirmative vote of the
people in June will add nothing to its validity
though the moral support of such verdict al
the polls is certainly desirable. A negative
vote of the people in June will deprive thu
law of the moral support it needs, but will no
invalidate it in any legal sense. In short, tn,
vote week from Monday will serve simply ant
solely ito ascertain the will of the people" Tht
ascertained will of the people will of cours,
foreshadow the ultimate fate of the amend
i ments, and will have much to do with the en-
forcement of the law as amended, but will no
otherwise affect the legislation OF last winter