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

polite, we may expect greater powers
of local governments entrusted to the
corporations scattered over
the State. Such was the spirit in
which the new Constitution was franz
ed and adopted. Hence the restraints
upon the legislative power in regard to
enacting special and local laws and
the provisions for extending local ad-
ministratiOn.
But this jealousy toward the legis-
lative department Of the Government
has not prevailed in relation to pow
ers legislative in their character dele /:
gated by the Legislature to be exer-
cised subordinately by other bodies
near to the people. This court has
held, in relation to city ordinances,
that the provision that an act shall
contain bit one subject, which shall
be expressed In the title, and that the
yeas and nays shall be called on the
passage of bill does not apply to
them.
THE INTERPRETATION 4
OF the Constitution by the courts has
been-without fixing any definite linn
itations-that legislative powers of a
subordinate character may be delegat-
ed by the legislature, but always of
course, subject to resumption at pleas
ure. Such powers can not be perma-
nently parted with.
Mr.. Dillon, in his work on corpora
tions, says: Although the PROPOSE
ton that the Legislature of State is
alone competent to make laws, is true,
yet it is also settled that it is compe-
tent for the Legislature to delegate to
municipal corporations the power to
make bylaws and ordinances which,
when authorized, have the force, as to
persons bound thereby, Of laws passed
by the Legislature of the State. =
Dillon on Municipal Corporations, ,272.
In the case of the City of Aurora
VS. West, Ind. r., 79, the Court say:
Beyond doubt general powers of gov
ernment, for local interests, may be
exercised as equitably by city as in a,
State administration. We
have thus far treated the power con-
ferred upon cities to enact ordinances.
levy and collect taxes, ETC., as dele
gated legislative power" And again:
Public corporations are such as are
| created by the Government for polit-
ical purposes, as counties, cities, ETC.;
they are invested with subordinate
legislative powers, to be exercised for
local purposes connected with the
public good, and such powers are sub
ject to the control Of the legislation Of
the State
In Beebe VS.. The State, 6 Ind, p.
$50, Stuart j., says: ''To these [pow-
ers before enumerated1 may be added
the power conferred by charter on
towns and cities to inhibit or license
the sale [of liquors] at their pleasure
l-thus clearly assuming the State had
herself the power which she granted
to the municipalities" g 50
! think my eloquent co-laborer in
this cause, Major Gordon, has made it
clear, and l think l have myself suf-
| fciently shown, that the provision in
the temperance law relating to the
person who may sign the petition, and
whose signing may evoke the exercise
| by the Board of Commissioners of the
function of granting license, is in no
! sense whatever-can be regarded by
no torturing Of construction-an ex-
ercise of legislative power. But it 1t
we're, would this. court say that the
delegation of such q function-capa-
bic at any time of resumption-tO a
body of people, under Constitution
which gives to the people right to
instruct their representatives, and has
been held to allow subordinate legls-
lation and police powers to be delegat-
: ed to local bodies, was a palpable in
fringement of that instrumant?
| have thus, perhaps too briefly for
! the subject, but feeling that l ought
not longer to occupy the attention of
pressed with judicial labors, discussed
the questions presented in this cause:
l was panied to hear our learned
friend who opened this argument refer
$ with temper almost acrimonious to
8 those whom he was pleased to call :
"THE TEMPERANCE REFORMERs." &.
q There are men, and not few, who
: come within that designation, who
t moved by no impulse but love Of theil
a fellow men, and without any hope oi
J. any reward in this world but the con
: sciousness of duty well performed
t have given the best years and best la
a bors Of their lives to put under great
! er restraints--perhaps wholly to sup
d press-the retailing of spirituou
J. liquors. The path they have troddel
has been a rugged one, aud full of OBJ
It stacles. They walk foot sore but ar
e undismayed They work in the spiri
j. of Christian charity, wishing harm t,
3, evil, but not to its doers. They enter
y. ed into this strife knowing that til
E, way was long. They bear the virtu
g. Gus mind which ever walks attende,
l. with strong siding champion, con
lie science. They have seemed NOR
j. than once nearly to reach the goal q
it their disinterested zeal but just the
g. the Constitution has been successful
of invoked against them. Many seei
now ready to exclaim: Shall the Con
t, stitution forever furnish the pitfa
Id into which all are to be precipitate
ar who seek to accomplish the highes
at purpose for which the Constitutio
lg was framed? After long years q
,e strife law is before this court, tn
Of substance of which for a generatio
s. was held valid, and they are now tol
ee that it, too, is unconstitutional. The
< believe it will be upheld. But let
IL stand or fall, they will not give u
re their work. Hope springs eternal i
1r the breast of the true lover of h
in kind. In the order of the Gre;
te Providence there is perpetual stril
be between Good and Evil, and unds
Of that Providence, it can never end vi
Of til the evil yields and the good gair
lit sway. He who was foretold as IL
rt Prince of Peace, declared, when
in came, that he came not to bring peac
y, but sword-the sword that was
e. maintain warfare against Evil unit
to the Good prevailed which was to bril-
lie Peace.
r- 8
oe A woman's pride and a eailo,