The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1880-12-21

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local option that b they question the right Of
the Legislature 20 adopt what Is known - .
local 0pkiun law The argument employed 10
this: The Constitution requires that all laws
shall be made BY the Legislature and shall be
uniform In their operation; there Is no provision
In the Constitution which authorizes the Legis-
ture 10 delegate the power 70 the people to cay
what nhau Of shall not be law, this being the
prerogaeive- q the law-making power, to-wit:
the legislature; that there Il no reservation In
the Constitution which authorizes the Legisla-
ture to submit 70 the people the question whether
q license issued under general law to pursue
particular calling shall be operative in particular
localities or not a. may b determined BY vote.
This 10 the argument, Is we understand 1t,
though imperfectly expressed"
The FLORTDLAN may be correct, but said view
Of the question need not deter the Legislature
from the passage Of law, which will, I'd a GER
tain extent, be Instrumental Ia decreasing crime
inI converting vAgAbonds int useful citizens, in
protecting worthy wives and sisters, and mothers,
nom the violence of drunken maniacs, 10 giving
protection and support to starving children, and
in removing the source of all evil beyond the
reach of unfortunate men who permit their pas
sions to gain supremacy;over their better natures.
local option law may not be in strict confor-
nifty with the Constitution, but If the Legislature
enacts 1t, it will be of force until pronounced
unconstitutional by the Judicial department.
We have many laws OF force 10 this State not
strictly in accordance with the Constitution, but
they are beneficial and the Courts have not con-
sidered 1t necessary to pass upon their constitu-
tionality. The !" Seed Cotton Law" for instance,
il left to the Boards of County Commissioners,
to be made of force or a nuliiy. and yet we hear
no complaint Of any illegahty or informally in
reference TO said law. The Seed Cotton Law"
however, is solely in the interest OF personal
financial prosperity. The " local option law
suggested Is in the interest and for the perma-
nent happiness, more particularly, of the suffer-
ing women and children of our Stale. We trust
the Legislature will enat the law regardless Of
legal technicalities that may be suggested
Suppose the newspaper press looks at
the question practically. What is meant
in this instance by f" local option? ?" The
answer is tn right of the people of
place, like an incorporated town or of
county, to say whether particular pur-
suit in their midst shall or shall
not be followed or particular article
shall or shall not be sold The Courts
have held, where the question has
been presented, that Legislature has no
power to. delegate to the people in this
way the right to say that a calling which
the constituted authorities have licensed
shall or shall not be pursued, the rule
being that power delegated cannot be
delegated by the agent without express
words of authority. Hence, in States
where local option -" laws are found there
is provision made in the fundamental law
to cover the question; but there is no
such provision in the Constitution Of
Florida. The Legislature has plenary
power over the matter of licenses and
there is now here in the Constitution any
authority under which this body can del
egate to the people or any part thereof
the right to say that license authorized
by general law shall carry with it no
right of enjoyment to the one who buys
it. 1t is no argument to cite the seed
cotton enactment or the game law No
one thought it worth while to test the
validity of either of these statutes; but
if the State under general law had been
in the habit of regulating the sale of
seed cotton by license, as it has never
done, the question would have become at
once practical one and been settled long
ago. The uniform rule is that license
tax cannot be imposed by county or
municipality on any particular pursuit
which pursuit the State itself does not tax.
The question for the friends of temper
ance to cons ider is. how best may the evil
be reached Will "local option " accom-
plish the end? In our judgment it will
not, even supposing that the Legislature
will enact an option law and the courts
affirm its constitutionality, both of which
are violent suppositions. But suppose all
this done and the law in operation. The
question, license or no license" is SUBJ
mitted and the peple in one locality vote
one way and in another the other way.
Tallahassee, for instance, votes " license :"
and the bals nce of the county votes no
license" The result of course is to con-
centrate all the grog shops in the city and
to create q bedlam here; and so the law
would work all over the State, supposiDg
that any law the Legislature might
adopt would stop the use of liquor any
sohere SO long as its sale by sOhoIesaIe, Il.
6. by the bottle) is authorized
We conclude, then, that local option +"
is not the true remedy. 1t might lessen
the evil in few localities, but would in
crease it in others. The remedy is to be
found, we think, as was suggested in the
article from which the Constitution
quotes, in tanation. Experience proves
that the number of saloons in communi-
tY viii depend upon the cost Of license,
If this is high the number will be small
If low they will be found at every street
corner and cross-road. A license which
costs $500 or 1000, for example, will OPP
crate Is practical prohibition, while one
that costs only $3.50, as is now the law
in county, or $500 for State, county
and city, operates as an encouragement. At
any rate, where there are ten licenses
issued now there would not be one under
3 sufficiently higher rate, particularly if
the wholesale business is restricted to
gallon instead Of to 4 bottle as formerly
Snd distinction lie made in the revenue