Sunbury American. [volume] (Sunbury, Pa.) 1848-1879, 1873-03-29
MisrfII
LOCAL OPTION.

THE LAW CONSTITUTIONAL --OPINIoN
OF MAJORITY OF THE SUPREME
COURT SUSTAINING THE CoNsTTrU-
TIoNALrrY OF THE LAw--DIssENTING
OPINION OF CHM JUSTICE READ AND
JUDGE SHARswooD.
SUPREME Court IN BANG CHIEF JUS
TlCE READ, AND JUDGE AGNEw,
SuARswooD AND WILLIAMS
This morning Judge Agnew delivered
the opinion of the majority of the court in
the Local Option cases. The opinion was
very long, but the following is a substantial
statement of the points in the decision
The Judge said it was aB admitted car
dinal principal Of government that the
LEGISLATURE, which is the agent of the peo.
pie, cannot delegate its legislative power
tn any other persgn. But what did the
Legislature in this instance do :? 1t passed
law prohibiting the sale of Intoxicating
liquors in tho Twenty second ward, and
provided penalties for breach of its require
ments. Thus 1t was a perfect law when it
left the Governors hands the vote of the
people did not make the law, did not give
force to any prohibition, did not create a
penalty, but simply expressed an opinion
upon the law, their sentiments and wishes
in regard to it,
Such vote might be very useful in as
certaining the utility or advisabiity of a
particular law, and when the Legislature
simply calls TO its aid the vote of the people
to ascertain their views, It acts strictly
within its proper sphere. The case of the
Commonwealth VS.. Parker did not decide
this question, for there the law was imper-
Fact n ,,nf a,,1 tnt.
after the popular decision, but the present
law was perfect when it left the legislative
hands. The law did not spring from the
vote, but the vote sprang from the law.
To say that a law resting on q future
contingency is invalid would be to rob the
Legislature of the power to act wisely and
Well for the best interests of the people.
Though the Legislature cannot delegate
the power TO make law, yet it can make
law and delegate the power to ascertain
me particular point upon which the ac-
ton OF the law itself is to depend. The
mayor and councils have delegated to them
tie power of making laws and ordinances !;
but this was simply the power to determine
what is best for the city. and the charter of
the city was the law which breathed life and
free into the result of this State since Par
kcr VS.. The Commonwealth ruled the case.
After citing numerous authorities, the
op Mon closed by affirming the judgment
OF the court below.
DISSENTING OPINION.
Chief Justice Read aud Judge Sharswood
dissented from the majority opinion, and
the Chief Justice read an opinion. main
tanning that the power OF making laws was
given to the Legislature. and by express
words confined 10 that body; the correction
Nt h.,st 4 l..
vIded for by the vetoing power, vested in
the Governor and the legislature could no
more delegate its functions than the iudici-
ary. This law, the Chief Justice thought,
had no force OF vitality until voted upon
1t was enacted, not by the voters. This
was permitting porti II of the citizens to
inlet upon another portion uncaied for
punishment and unwanted penalties. The
popu alton OF the city, already large and
rapidly growing, is sufficient to show that
| a prohlbltOry law cannot be enforced here.
| For these reasons the act was deemed un-
constitutional.
If this were constitution why could not
the Legislature dcvOlve this power upon a
minorityp Ii they could delegate it to n
majority they could delegate it to minor.
ity.
In referring to the prohbitory law of
Massachusetts, the Chief Justice said it
was notorious that liquor could he had in
every hotel, restaurant, and oyster saloon
in Boston. The law is in fact dead let
ter there, the evil heing to encourage de-
ceptlon, falsehoOd, and fraud. aud Ia ac-
chstom citizens Ia ii daily violation Of law.
Mrssrs. Renter & Alley, of Boston. are the
most extensive brewers in the United
States, producing llS.OO0 barreis of ale per
! m IL Al. 1,
were spending two pound sterling per
head per anuum on strong drinks, in face
OF the Maine liquor law. 1--WE are all for
the Maine law,'' said man to Mr.. M'Rea,
but we are asin its enforcement"
The brewers in Philadelphia produce
600 900 barrels of malt liquor annually,
giving employment to nearly one hundred
thousand men, and consuming in the man
uftcture million and half bushels OF
barley OF the value of 81 70 per bushel.
Ale is healthy liquor, and lager beer is a
iaVorlie beverage, particularly of our large
German population. The question of H.
cense or no license is to be submitted to
the citizens of Philadelphia at the next
general election, and if the vote is against
license, then the city will be under pro-
hibitory liquor law during the whole cen
tennial celebration, To which we have in
! rited the whole country. On the 4th OF
July, l716, every patriot drank to the in
dependence of the thirteen States. Shall
it be that o.. the fourth day of July, 1876,
all we can lawfully offer to Onr guests on
/ this great anniversary will be u glass oi
Schuylkill water seasoned with n lump OF
kGickerbocker ice ?
am a strong believer in temperance
for twenty-five years OF my life l drank
nothing but water, but dangerous illness
made strong stimu!aHt an absolute ne
cessity, and by the advice of my physician
am obliged occasionally to resort to it.
Some of my friends older than myself have
drank wine all their lives, and are temper
ate men. | believe in moral suasion as
the true means of advancing the temper
ance cause, but do not believe in prohibit
tory law, which would reduce US to the
condition of Boston.
JUDGE sHARswooD's DISSENT.
After the dissenting opinion of Chief
Justice Read, Judge Sharswood made the
following remarks from the bench
l concur in The opinion that has just been
read, and do not know that | have any
thing To add The Iesult of all the autho-