Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1880-08-25
THE LEGAL PHASE OF THE CONTRO-
vERSY.


acted, under which the will of the
people can be consulted, at the ballot
box, as to the settlement Of the state
debit Is there anything in thus con-
sulting the people, not in harmony
with our representative system of gov
ernment2 These questions admit of
an easy and ready answer. The first
is answered in the affirmative; the sec
ond in the negative.
A complete law could be passed,
providing that the governor should
have power to receive proposals from
the public creditors, for a settlement
Of the debt, with direction to submit
the same, if not exceeding named
!, rate, to the people at the ballot box,
y for acceptance or rejection. If accept
ed, the offer and acceptance would be
a contract, and the same act, or an
act, at the next legislature, could
provide the details for carrying out
the contract. This would not be the
enactment of law by the people, but
action taken by the governor, and
people, under a law, enacted by the
legislature.
Such legislation is very commsn
The law is passed. Nothing may ever
be done under it. 1t is no less com.
plete and valid enactment.
For example: A general law is en-
acted for the organization of corpora
tions. Until some person, or persons,
take steps to organize a corpora
tion, the law remains unused. When
parties do take advantage of its pro-
missions, they are not finishing the
law, OF aiding in making it. They
are acting under its authority.
Take another example 4: By the gen
erai internal Improvement law OF 1852,
it was provided that the bonds of the
state should be loaned to the various
railroad corporations then chartered,
to the extent of $4,000 per mile, as
soon as the companies procured stock
from individuals and other sources
sufficient to complete the rOads, and had
completed and ready for the rails, a
certain part thereof. Now, this was a
valid law, but it might never be put
in operation. The condition might
never arise upon which the governor
| would be required to issue the bonds.
X Again, by the first and second sec
tions of this now famous statute,it was
made lawful for the county court Of
any county court, through which any
railroad passed, to subscribe
stock in the road to be
paid by taxation but the
subscription had first to be au-
thorized by vote Of the people of the
county, at au election to be held fol-
that purpose.
In a great case, and when the
= question was new, it was earnest
ly contended that this statute
was in conflict with the constitution
because not final and obligatory, but
depending for its validity, upon the
vote of the people; and that this was
transfer of legislative power to the
people, contrary to our republican
system of government. (See Louis
vile & Nashville r. Z. Co., VS.. coun,
tycourt, Sneed, 668, $685. But the
court was unanimously Of the opinior
that the reference to the people Of the
subject of subscription or no subscrip
ton, did not invalidate the law. (Set
p. 66S.)
The court, speaking by Caruthers
Judge, said: "This is a general law
perfect, finished and unconditional
1t is not made to depend for its valid
ity on the popular vote, or any othel
future contingency. y True
y it will only operate, in its vigor, ,wher'
= and when the state Of things provided
q for, should transpire. Every statute
must apply to some future state o
things, and their enforcement mus
depend on the happeningof the thing
cOntemplated-the action Of others.
lIo. p. 669)
But THE eminent judge went inucl
farther. He declared, as for himself
he was not able to see why statut
would not be constitutional, which j
made to depend, by its terms, in ever
particular, for its vitality, upon q
approving vote of the people. He said
1T was difficult to see, when it is ad
mitted by every one, that the legisla
tion of congress, and the genera
assembly, may be, as it often has beer
conditional tina
in a republican government, this par
ticular condition, the sanction Of th
people, would be, by implication
against the constitution. 1t is tru
the bower to make laws has been SUI
rendered b. the people and vested !
the legislature, so that no law can b
,,,oOnto from them br