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

ourse of Legislative practice and of
judicial decisions. The rule is
amiliar one that where constit,,-
ional provision is borrowed from
sister State, reference will be had
% the judicial decisions of such
State, made before it was borrow
ID, for its Interpretation. How
much more ought respect to the
,ourse of judicial decision and leg
slative practice, under provision
of an older constitution, to be re-
spected when it is transferred into
! new, after the construction given
10 it has become established, and,
almost say, woven into the tex
ture of the popular mind. How
ixed that construction becomes. is
shown by the fact that the practice
which had grown up under it has
been repeated in almost numberless
enactments under the
present constitution. Thus, to give
q few among many instances under
general laws passed by the legisla-
ture, persons desiring the incorpor-
alton of towns, after having caused
q census to be taken of the inhabi-
tants within the proposed limits of
such towns, shall present an appli-
cation to the Board of Commission
ers signed by themselves and not
less than third of the qualified
voters. If at vote taken, a mo
iority of the voters vote '.yes," then
the Board is required to make an
order that the town has been incor-
porated. I. G. & H., 619-621.-
And this law has been recognized as
valid by this court. 3S Ind, Al.
So under a general law for con-
solidating incorporated towns with
cities, the common council of city
and ~Fss All.
THE PRESIDENT AND TRUSTEES
OF a town may agree upon terms of
union, and on o day for an election
to obtain an expression of the vo-
ters, and if majority of the quail
ified voters of both town and city
shall vote for the consolidation, it
shall then take place. 1. G. & H.,
241. So under general law, an
incorporated town may become a
city, if a majority of the qualified
voters express themselves in favor
of it by a ballot. l g. & H., 217,
g. 6. So under general law, a
county seat may be changed when
two thirds of the legal voters of the
county have petitioned the Board
of Commissioners for such change.
And the mode prescribed for de-
termining the whole number of vot-
ers in the county by adding twenty
per cent of the number of persons
who voted at the next preceding
general election. l G. & II. 1876.
And this law has been sustained by
this Court. So new county may
be organized, or the boundaries OF
two or more counties may be chang
ed on a petition of majority Of
the legal voters within the limits
to be affected. And the mode pro
scribed for ascertaining such ma
jority is Gas under the present TEN
perance law by reference to the
vote at2ehe next preceding Con
gressional election. I. G. & II
191- 1913. .<rs.as .sa.<s
So the Boards of County Com
missioners may purchase grounds
for agricultural and horticulture,
fairs, but only on the petition of &
majority of the voters of the county
| (Acts 1878, p. lis. So, in respect
to the sale of Congressional town
ship lands, the same provision il
made by law that existed under tht
former Constitution-that they car
only be sold by the trustee under
the direction of a majority of thu
voters of the township. I. G. &
H. 548.
| SO grounds for Agricultural ant
Horticultural Fairs may be bough
i -hows County Commissioner
may buy on petition of majorit,
of voters of the county. So as L
sale of county and township land
there is the same provision now G.
under the old Constitution tha
they can only be sold by the true
tee under the direction Of q vote @
a majority of the electors Of town
ship.
To be allowed to do these severa
things are matters of frequent an,
J pressing importance. The Legif
lature withholds the powerful
forbidding the thing to be done
forbidding towns to be incorpora1
ed or to be consolidated with cities
or to become cities; forbidding ii,
changing of county seats, or th
) organization OF new counties, {
the changing of the boundaries {
t counties. or the purchasing {
/ grounds for agricultural and hort
cultural fairs, or the sale of Con
4 gressional township lands, unless
j majority of the people to be imm
n diately affected vote or petition fe
e these several things. Now th
1 kind Of legislation ran along, sic
), by side, under the former Constit1
j ton, with the Legislation which pr
t hibited the licensing of retailers
# liquors, except by approval of
e specific number or q majority
e the people, and the latter legisl
b ton was upheld by this Court
g being evidently Of the same chara
It ter. And the new Constitution WI
It adopted with the knowledge of 6
,. this class of legislation. Why nc
should that legislation which I
d lates to the restraining of the tr,
b fic in spiritous LIQUORS be oye