The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-02-23

was submitted at the October election
it might become political issue, which
it could not do ifsubmitted at the town
ship elections In May. But inasmuch
as the passage of this bill vas likely
to bring this question into the issues of
the next summers campaign, he was
opposed to the whole measure.
Mr.. Lane moved to indefinitely post
pone. alr'l
Mr.. Armstrong called for the yeas
and nays. -s.tsI
The Speaker said the question on the
amendment took precedence. care g.
Mr.. Burke's amendment was reject
ed. 9=-ea
Mr.. Ferguson said the supreme courts
of Pennsylvania, Michigan and two or
three other States, had decided precise
ly such laws as proposed by this bill,
palpable violation of the Constitution.
The Constitution had not vested any
legislative powers in the people. 1t
was for the Legislatures to exercise that
power. -als r..rt ..l. -sIrs.. fa-
If the friends of temperance wanted
to take a vote on this question, he sug-I
gested they make their amendment in
the shape of an original bill and sim
ply submit the question of prohition
to Ivote and get an expression
of the people; and if the people are in
favor of prohibition, a law can be
passed next year. But he was opposed
to the passage of law that would in
volve every county in the State in liti-<
CATION as to the validity of the law.
He had no doubt our Court of Appeals
| would decide as others had that the law
| was unconstitutional. If they would
| put this amendment in the shape of u
| substitute for the bill, SO as to make it
simply bill to submit the question TO
the people on the general question of
| prohibition, he would vote for it. He
was in favor of prohibition, but he. was
| opposed to any prohibitory law in adj
vance of public opinion.
Mr.. Wheat differed with the gentle
man from Cabell as to the unconstitu
tionality of the proposed submission
to the people. BE thought if they had
tnei power to pass a law absolutely,
they he'd the power to make its effect
contingent on an expression of the
people. 5.fs -,-I.
MIR. Lamb said IL was an undoubted
fact that law precisely similar to that
proposed by this bill, if the amend
ment be adopted had been decided un-
constitutional in the States of Pennsyl-
vania, New York, Delaware and Mich
igan, and he thought in three or four
other States, and so decided on the
ground that the only legislative author
ity WAS vested in the Senate and House
| OF Representatives, and that upon
neither of those bodies, or upon both
| IOktlutEg WIS conferred. Lue power 10
delegate the authority which the people
conferred on them TO any other party
whatever. The people had given the
| legislature the legislative power, but
| not the authority to transfer that power
and its responsibilities from their
shoulders in any other direction what
| ever. That was the principles on which
those cases were decided. They were
cases in which the acts were not to take
| effect, as in the present case, unless the
popular vote should be iufavor of put
ting them in force. The courts held
that WAS a delegation of Legislative
power which it was improper. for the
legislature to make. 1t seemed to him
it would become this legislature to as
sumo their own proper responsibility
and pass the law or reject it without
contingencies; and the people, if dissat-
listed with their action, had the remedy
in their own hands, and could send
back men who would carry out their
will. For these reasons he should vote
against the amendment.
Mr.. Harris said he had no doubt of
the correctness OF the legal gentleman
OF the House in regard TO the uncon-
stitutionality of the law, il it were
made law by the popular vote. The
legislative power is vested by the Con-
stitution in the representatives of the
people, and they had no power to dele
gate that power, or throw it back on the
people. But he had, beside, serious
doubts about the good policy of the
law itself, here proposed. Not that he
was opposed to using any practical and
proper means to suppress intempe-
rance. He was temperance man
from principle, but he thought it bad
policy to enact n law on II subject OF
this kind, which the public sentiment
would not execute. He thought the
laws on the subject of retailing liquors
were sufficient, If enforced, to put down
the traffic entirely. The defect was not
in the law but in the public sentiment
Iii could be shown the public senti-
ment would vindicate a prohibitory
law, let us have 1t.
he suggested to the friends of this
measure that they accept the suggestion
ofthe gentleman from Cabell, and sim
ply provide for submitting the question
to the people, and if it be found the
public sentiment will sustain prohib-
itory law, it could be enacted by the
next Legislature. .#-- .-
Mr.. McWhorter said, for him
self, he would rather have the
bill without the amendment pro-
posing to submission to the peo-
ple.. He would like to have a vote
on the merits of the bill, and had no
objection to voting the amendment
down and letting the bill come up on
its own merits.
The question on the amendment, to
provide for submitting the question to
the people, was taken, and it was re-
jected by a vote of 43 to II.
The Speaker stated the next question
to be on motion to indefinitely post
pone, made by Mr.. Ferguson when the
Dill was before the House on the 18th.
Air. Ferguson withdrew the motion
He said II 1t was the wish ofthe friends
OF the bill to test the question oftsking
the vote OF the people in the spring, il
/ had better be done now on this hin Eor
II was too late in the session to intro
duce new bill on that subject.
MIR. foreman said he had labored at
home for years for the suppression of
intemperance, and had gone to great
trouble TO prosecute violations of
the liquor law in his county to the
extremity of the law, and although
they had for a while secured the reftl-
sal OF license in his county, yet recent
ly the Board of Supervisors had grant
ed 1t again. He found il was impossi-
BILE to get the existing liquor laws exc
cuted, and he did not Geel disposed, un-
DER SUCH circumstances, to pass more
stringent laws. He wanted first to en-
force the laws We already have. He
thought they were wholesome and suf-
ncIent Tor the present, and would do a
great deal to suppress drunkenness if
executed. BY electing Supervisors in
every county who Were opposed to IL
censing, they could prevent the licens-
ing of whisky shops in any county, or
IN all of them. How many had
even done this ? And how MANY of
those that had refused license, enforced
the penalties of existing laws If pub
lie sentiment would not enforce the
laws now In the statute books, it was
useless to make more stringent ones.
He thought, too, it would be bad policy.
They we're getting up general State
WHISKY excitement, when he thought