Wilmington daily commercial., 1873-03-19
aL0CAL OPTION IN PENNsYLvANIA-THE
VOTE ON FRIDAY

On Friday Of this week, elections will
b. held throughout Pennsylvania, except in
3 few counties where they have already taken
place, and in Philadelphia where the vote is
postponed until October, upon the question Of
LICENSE" or no $40 License to the sale Of Ii
quor. Each county decides by itself foritself The
canvass of the question has been warm and gem
eral, and there probably never was so much ear
nsstnsss in behalf OF Temperance Reform, in
the State. The prospect is that a majority of
counties will vote against license.
Very interesting, just at the time Ct taking
the vote, Was the decision given by the Supreme
Court OF Pennsylvania, on Monday, relating to
the identical question Of the constitutionalty of
this. law. This had been called in question,
and the issue, having gone up to the Supreme
Court. and received elaborate aEgument, has now
been disposed Of, favorably to the law. Judges
Agnew, Williams, and Mercur eustain it, and
Judges Sharswood and Read dissent.
The ground of objection to the law was sub
stantially, the old and-well worn legal theory
that Legislature cannot delegate it's power. 1t
was objected that this Act established prohi-
btion OF the sale of liquor, in certain localities,
upon a contingency-that is, II maj ority of the
people 30 voted-in other words that it referred
to popular election the decision whether certain
laws should or should not exist. But the major
ity Of the Court overruled this objection They
hold that the law licensing the sale of liqnors is
aperfect act, when it leaves the Legislature, and
that the Local Option vote is simply method of
advising the County Court whsther or not the
desired license should issue The law does not
spring from the vote, but the vote from the law.
Ths celebrated decision In the case Of the Com
rnonwealth vs. Parker was held not to appy, and
the Court declared that though the Legislature
cann9t delegate the power to make law, yet il
can make a law and delegate the power to ascer-
tain some particular point upon which the action
Of the law itself is to depend.
There are some funny things in Justice Reads
and Sharswood's dissenting opinions. The form
er declares the prohibitory laws of Maine and
M lssachusetts dead letter, tending to encour-
age deception, falsehoed, and fraud and TO
ac,ustom people to daily violation of the law.
He further says
g Ale is healthy liquor and lager beer is
favorite beverage, particularly OF our large
q rman population. The question of license or
no license is to be submitted to the citizens of
Philadelphia at the next general election. and il
the vote ID against license then the city will be
under prohibitory liquor law during the whole
Centennial Celebration, to which we have invited
tine whole country On the 4th of july. I776
every patriot drank to the Independence Of the
thirteen States. Shall it be said on the 4th of
July 1876, all we can lawfully offer to our guests
on this great anniversary will be glass Of
Schuylkill water seasoned with a lump of Knick-
erbocker ice z"
Whatever the ultimate consequence may be.
it is evident that the vote is now to be taken, and
the result will be looked for, with great interest