Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1875-02-25
LOCAL OPTION.
Judge Gerdenhire's Reply 90 "a Hem
ber OF the Bar"

Judge Gerdenhires Reply 20 "a HEM
Der OF the Bar"
| To the Union and American:
| In Sundays issue Of the Banner. "a
member Of the Bar criticises the Local
| Option law. He says It is unconstitutional,
/ and Of dangerous expediency, insOmuch as
/ 70 merit the most thoughtful consideration.
| The public will doubtless be curious to
know how it is that the Stateis to be rlined
/ if we should uncOnStitutiOnally suppress
drunkenness, paUperism and crime. The
State is in danger if the nefariOus 5rafIic
can't be forced on US without our consent 4!
| The thought of such a state Of things
throws him into a parOxysm of brown study
and thoughtful consideration. Would it
not really be distressing 20 make people
sober against the Constitution The case
requires such keenneSs of vision that sink
or swim, survive or perish, he assures us
he will look into it through 'legal spec
tacles.r
The first section Of the bill declares that
the interdiction Of spirits is a police rtgula-
tiOn. At such an idea our spectacled men
tor becomes facetiOUs, and treats Us to
choice specimen Of pOt-hOuse wit, brought
all the way from Guy Mannering. He ex-
claims, "PrOdigiOus,' He thinks it Won
derful that the author Of the bill should
attempt "a legislative enactment dec airing
the common law, annulling a constitution
al function Of its own body, and Debating
to the Judiciary upon a subject purely and
exclusively within is own jurisdiction
Now, is our critic, who assumes to advise
the Legislature, so innocent Of 4 klowl-
edge Of legal history rs not to know
that legislative acts, declaratOTy o. the
common law are frequent? Equip
yourself in t1ose ''legal spectacles,' and
YOU may read: statutes also are either
declaratOry Of the common law, or remedial
Of some defects therein. DeclaratOTy, when
the old custom is almost fallen into disUse
or become disputable.' III. CON-, Isl Vol.
SO. Il is disputed even by Dominic Samp-
son, and lie wonders that the bill should
declare Il, even with the "legal speCtacles'
on. Other writers do the same. Then we
have a bill drawn according to prece lents
approved for a thousand years, at which the
gentleman i'm illegal speCtacles" turns up
his judicial nose I thank thee, Jew, for
teaching me that word ''PrOdigiOus."
He next assumes the very question in is
sue. He SAYS, at annuls a constitutional |
function of its own body A brOai as
sertiOn is easily made; the proof Of the |
assertion may be more difficult. But |
he gets worse and worse. He says |
the bill dictates to the court, This issOme- |
thing worse than "prOdigiOus." Don't |
6yery law dictate to all, including even the
Judge? Il is a rule prescribed by the sU-
preme power. Clean your eyeglasses and
try again.
Mr.. Cody saws: Claws prohibiting spirit
uOus liquors are looked upon as police reg
established by the Legis ature
for the prevention Of intempeTance, p;.Uper-
ism and crime, and for tine abatement Of
nuisances.o (P. 5S3.l This is supported
by q reference to twenty-eight cases, from
New York, Michigan, Massachusetts, Illi-
nois, Vermont, Indiana and Iowa. He
might also have added New jersey.
"Whether the prohibition is made sub
ect to punishment under municipal by
laws. Is q question for the Legislature 10
lecide." Cody, 500.
The same author says: s;It has already
been seen that the legislature cannot dele
gate its power to make laws; but funda-
mental as this maxim is, it is so qualified
ly the customs Of our race, and by other
naxims which regard local government,
hat the right Of the Legislature, in the
.ntiTe absence OF authorization or prohibit
ion, to create towns and other inferior or
and to confer upon them the
)OweTs Of local government, and especially |
i local taxation and police regulation, |
usual with such corporations, would always |
,ass uuchallenged.7 Mr. Cody says
or regulating the sale of Ii
IuOrs is purely a police regulation. The
irst section Of the bill declares the same,
& which "a Member Of the Bar gives us
De benefit Of his literary vii, and fpNm the