Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-03-25

docs the act Of 1876 derive this mandatory
land obligatory Character Not from The
Legislature, for in the day of its enactment
it possessed it not. lift has that charac-
ter at all, it must have been conferred by q
fat of . portion OF The people, expressed
through their votes. But the popular decree
can only have worked this effect, because
the citizens voting, were in some way,
Clothed with the power of ordinary legisla-
ton. Nov Il uc2Enot be gpretended lhey
possess this DO Wet unless they drew it from
The invitationte declare their will By an ex-
ercise of the elective franchise. II so,
what is this, other than delegation of the
| legislative franchise, by an act of the Gen
eral Assembly? But Is has been shown,
this body was altogether Incompetent to
make such transfer Again, page $40: at
is insisted, however, that the Legislator
when contemplating important charges in
the existing law, has, not only a right to
consult the opinions and wishes of his
constituents, Eut ought to do so,
inasmuch as in "a country of
free institutions, the only security for the
stability of the law is, that il rests in the
appreciation of those who are the subjects
of it. This is not Denied, aud in truth, in
the practical working of orr system such is
| always the case. But the public opinion,
when ascertained, must be adopted by the
| Legislature in the form of a statute before
it can have the force of law; for, repeat,
to give to legislative action this effect, it
must be by an expression Of the legislative
will alone.
In Rogers VS.. Rice, 4th Harrington's Del
aware Reports, page 40, statute contain
ing the same provisions as this bill was de-
| cided to be Unconstitutional. The opinion
of the Chief Justice is characterized by
great ability, and bis reasoning is irresisti-
BILE and unansWerable. The Court say,
ga law when passed by the
| Legislature I is a. complete positive
and absolute law, in itself, deriving its au-
thority from the Legislature, and not de-
pending, for the enactment of its proyi-
sions, upon any other body, tribunal or
| persons" "B9t the Legislature is invested
with no power to pass an act which is not a
law in itself, when passed, and has no force
or authority as such, and is not to become
or be law until it shall have been created
or established, by the sciH or act of some
other person or body, by whose will also ex-
listing laws are to be repealed or altered or
suspended"
Now in the bill under consideration the
first section prohibits tipping. Other Sec
| tons prescribe penalties That is the law
established by the Legislature. But an
other provision is that any civil dis
trict ia the State may have tipping
houses, if majority of the voters so
| day in June, 1873, etc. The anomaly is
films tha (lAuorol ,,,l,xy
Nmaking law to apply to the whole State,
and yet the people OF any civil district can
suspend it by vote of their district.
Adjudications to the same effect might
be cited from Ohio, New York, Iowa, Indi-
ana, and other States; but time will not al
low. The trainers of our Constitution did
not intend that the General Assembly
should legislate after the manner of this
bill. A proposition was made 10 that body
to authorize such legislation, but it was
lost. A motion was made to reconsider,
and postponed TO a later day 10 the SEES
sion-see Constitutional journal 1870,
pages 299, 800, $50. The proposition was
as follows: r.
s'Resolved, That the General Assembly
may, by general law, authorize the inhabi-
tants OF cities, towns, ard civil districts
WlLhlu In'S OLaC6, Dy vote Oh Tue majority
of all the qualified voters Of such cities,
towns and civil districts as the General
Assembly may prescribe, TO prohibit the
sale of intoxicating liquors within their
respective limits"
In making this disposition of the bill l
have had no reference to its objects or pur-
poses. They cannot control the higher
Observation-Disclosures the Constitution
has been complied with. 1t does not mat
ter whether the optional law we're for the
restraint of licenses, or the protection of
property, or the punishment of crime. The
principle underlying the question is the
same in each case, and while it is
much to be regretted that the rule
must be applied to a question in
which the friends of temperance and
law and order feel deep concern and in
which society is vitality interested, yet,
even these interests must rot demand an
experiment to be made with law at vari-
ance with the organic law. Far worse
evils than those intended to be remedied
might follow such course.
With due Difference, gentlemen of the
General Assembly, these reasons for my re-
fusal 10 sign the bill are respectfully sub
mitted. JNo. G. Brown, Governor.