The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1873-09-20

such town or township shall remon-
strate against the same. The OBJ
ject of the law is to protect the
public morals, and preserve the
peace and quiet of society. Being
designed for the public good, it
should be 30 construed as to pro-
mote it.
4 1sn the construction contended
for by the defendant should pre- |
vail, it would impose upon the ma
jority the necessity OF watching,
and opposing by a separate remon
STRANGE, each individual application.
That would be burdensome. The
statute does not require such a con-
struction to effect the design of the
legislature. The evil which the
statute puts in the power of the
majority of the freeholders to re-
move, can as well be suppressed by
. general remonstrance against all
applications rs by remonstrance
in each particular case. = 1t
clearly expressed to the Board of
Commissioners the wish of a ma
iority of the freeholders OF Brook
vile that shops for the retail Of H.
quor should not be licensed among
| them 4ft
It will be observed that the law
of 1882 gave to the county boards
(first) authority to license the re
failing of spurious liquors.; but
(secondly) not at their discretion,
but on the certificates of a fixed
number of freeholders, which
| (thirdly) might exceed in the whole
number of freeholders in the town
ship; and (fourthly) if a majority
| of the freeholders of the township
demonstrated, no license should be
1 issued. There was, in that event,
total prohibition. The law now in
question before this court bears a
close resemblance to that of 1882,
| though it is not so severe in it's pro
visions. It forbids the selling of
liquors to he drank upon the prem
ises until permit shall first have
been obtained. To obtain this per-
nit the applicant must obtain a
number of signers to his applica-
ton, being voters of the township
or ward, equal to q majority of the
voters who cast their ballots for
Congressman at the preceding
Congressional election. The board
/ is required to examine the applica-
ton, and if it is satisfied that it is
in the required fo1m and signed as
prescribed by the law, to issue the
permit. The sCF.ff4g
VALIDITY OF THIS LAW
! is called in question as being in con
fict with three clauses in the Con.
| stitution: r.s...,z-. s.s.,...-
1. That which ordains that the
le sislative authority of the State
shall be vested in the General As
sembly. Const., art. A, sec. /.
2. That which provides that nc
law shall be passed the taking effect
of which shall be made to depend
upon any authority except as pro
vided in the Constitution. Art. l
sec. 25.
3. That which provides that il
all cases enumerated in the section
preceding it, and in all other case
/ where a general law can be mad
applicable, all laws shall be genera
and of uniform operation through
out the State. Art. 4, sec. %.
Under a previous constitution, a
I have shown, containing a simila
provision respecting the repositor.
of Legislative powers, laws had TO
more than generation been up
held, which confided to the peopl
q power similar to, and indeed
greater than has been confde'
to them in the act under discussion
in respect to preventing person
from selling intoxicating liquor
without license. It seems neve
z to have occurred to the judicia
mind in those earlier days that t
make, not the enactment, but th
application of law dependent uT
on the event of the approval Of th
majority, or less number, of th
persons to be affected by it. clothe
that part of the people with a lee
islative power. Laws were passe
, upon many subjects, the apple.
. ton of which to particular case
were made to depend upon On al
) tecedent petition or expression
a part or a majority of the person
to be affected by them. To cite
few among many instances, th
! Board of Commissioners were en-
l powered and required to direct tt
. laying out of highways, but onl
on the petition of specified nun
: Der of freeholders. The trustet
3 of congressional township migl
t lease the school lands for three, b'
: by a vote of a majority of the ve
r ters of the township, but not othe
wise, they might lease them for t.
p years. They might sell the scho
}. land in the township, but only wht
g a majority exceeding fifteen of Il
= voters had, by vote, instructt
i them to make the sale. r. S. 184
J. p. 261. The inhabitants of scho
d district might, at q meeting, dire
the building, hiring or purchase
p school house, fix the sum to
q expended for it, determine t
=, amount of work to be done by ea
q able bodied man toward buildil
v the school house, and the amou
n at which any such person mig
n commute his tax. r. S. 1843,
/ 3l6. This class of laws was III
q versally esteemed valid and uphe
It bv the courts. Powers, also, whi