The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1873-09-20
What does the Constitution mean
THE TAKING EFFECT OF A LAW?

Does it mean the application of the
law? If it confer an authority, has
the law not taken effect until au-
thority has begun to be exercised
under it? If it be law prohibiting
an act. has the law not taken effect
till some one has done the thing
prohibited and exposed himself to
its penalties7 If it be law for the
enforcement of q duty, has it not
taken effect until there has been q
refusal to perform such duty and
the coercive sanctions of the law
have been invoked to enforce the
performances Or rather, has it
not taken effect whenever, if it be q
law prohibiting an act, the penalty |
might be enforced if the act were |
done, though the act prohibited
might never be done? If it confer
an authority. has it not taken effect
SO soon as an authority might Lave
been exercised under it, although
none in fact ever should be? If it
is for the enforcement of a duty.
has it not taken effect whenever, if
the duty had been refused, it's en-
forcement might have been requir-
ed, though no occasion should ever
arise for its enforcement If a law
were to provide that upon getting
q majority of votes man should
be elected to an Office has the law
not taken effect until he has been
elected? How could he be elected
under law which had not taken
effect? If law were enacted that
a man might do a thing upon tie
happening of certain contingency
and it werc said in the law that it
should take effect from its passage,
could it Notwithstanding never take
effect until the contingency had
happened! And if the man should
die before the contingency hap
pened, would it never have taken
eject as law at all? Is the decla-
ration in an act nugatcry which
states that it shall take effect and
be in force from and after its pas
sage, and can it uot be in force TN
til under it force has been exerted.
Let us now recur to the law which
is in question before this court
What provision of it did not take
effect from it's passage? It prohib
tied the sale of liquor on any mans
premises until permit was obtain
ed. This prohibition was absolute
SO soon as the bill was passed, and
remained until the permit was OBJ
tanned. It prescribed the method
Iof obtaining the permit 1 ard the
terms upon which it could be oh
tained. Were not the method and
tee terms complete SO soon as the
law was passed? Because the ap.
plicant might not be able to comply
with the. terms, by obtaining the
requisite number of signers upon
his petition, lad the law not taken
effect? The evil sought to be rem.
edied by the trainers of the consti
tuition, by the adoption of the
1 PROVISION UNDER CONSIDERATION,
was practice which had grown up OF
submitting to the people, to be de.
terniined by their votes, whether bills
which had gone through all the forms
of legislation should take effect as
laws. The practice was as if the leg
. islature had said to the people in re-
spect to their temperance law: 1--WE
; propose to settle this question respect
ing the licensing persons to retail in
toxicating liquors by a law prohibiting
such retailing until license has beer
obtained upon an application, ap
proved by majority Of the voters? L
:. that the kind of law you want? Fit ii
you will vote aye if it is not you viii
, vote no.
But in the case of the present law
no question has been presented to th'
people, or to any part of the people
whether it should be law or not
) The legislature fixed what the Law
, should be arbitrarily, without respec
, to any petition or vote Of theirs
) 1t provided, however, in the appli
= cation of the law that license shoul'
) or should not be granted to an appli
cant according, as certain numbe
|. of persons might sign Or decline t
I sign his application. What has thi
+ circumstance to do with the takin
effect of the law? 1t might as we'll b
| argued that when law is passed pro
I viding for
j. A POPULAR Ell ECTION,
the law cannot take effect until one {
= the candidates has been chosen by
: majority of the electors.
}, 1t is said, however, that the enact
o ment In question is local law, an
a not of uniform operation throughot
y the State.
7 The uniformity demanded by th
u objection would overthrow the mos
# important laws we have, and involy
i society almost into chaos. If it t
l. said that every law is unconstitution;
q in the administration of which
!. might happen that a practice of an az
:. might be forbidden at one place an
u be tolerated as innocent at anothe
is then the act, for example, for the o.
Ie ganization and government of cities
4. plainly repugnant to the constitution
D. The constitution is silent respectil
# municipal corporations. There is 1
:. clause in that instrument conferrir
q upon them legislative powers, or sa.
d ing that the Legislature may conf;
. any such powers upon them. Yet Il
.s courts have held that it was comp
c. tent for the Legislature to invest the
"a with the powers which they now exe1
II Under those powers they can (amoi
- many other substantive thingsl pr
!" vent and regulate the use OF. firearn
e | frayyorEs or other pra cfica tapTipp
Il eHdanger sRg persons s or property Fl? Fe
4? under penalties, the use of any fir
at works, while Indianapolis might tol
rate them. The act empowers Il
te councils to suppress gaming houses
:" houses Of i'll fame. Fort Wayne mig