Daily Republican., 1881-04-13

beer to be used in Wilmington. We be
lieve that clause of the law to be clearly
unconstitutional and no blame could be
attached to the Wilmington brewers
were they to test its constitutienality.
Is IL Constitutional.
The question as To the constltutonah-
ty of the Eleventh ward bill now like the
ghost of Banquo, rises up to plague ITS
Inventors, and if proper effort is made
10 test its constitutienality, there can
be very little doubt the courts will de-
eide it worth no more than the paper on
which it is written. There are other
doubtful points, but the annexation
of Browntowu against the will OF the
people and the extension of the term OF
office of the City Council and city Off
GERS are the main points upon which
the test should be made. 1t il one OF
the plain well understood maXims and
fixed principles of Republican form
of our government that no government
can exist except by the will of the peo-
pie. No new state can be brought into
the Union except by the will of those
residing in the territory of which the
| State is to be formed Congress paves
the way for the admission of the state
H.. :, .,n,r,,I ,,,,;s;.,n and Dxamin tinn
its proposed constitution and II It Is
acceptable, the constitution is left to
vote OF the people Of the territory, and
if adopted the territory becomes State
but if the vote is against the constltu
ton the territory remains as il is until
a majority of the people are in favor OF
admission to the Union. The principle
Of government as applied to Browntown
should hold equally as good. It's true
Browntown is not as large as a terri.
tory seeking admission to the Union a.
a State, but is as much a territory to
Wilmington as Dakota is to the Uni
tHu OldLSSs llt Apv NtbtlS VA AAS""
town have as inalienable rights which
must not be assailed rs the 10000 or
40, 900 voters Of Dakota. The citizens
of Browntswn have been allowed no
choice in the matter Of annexation
Three fourths of them were not only
opposed to it but demonstrated with all
their power short of physical violence
against il, despite all they were dragged
neck and heel into the city against their
will What are governments worth,
and where is the protection afforded by
our courts Of Justice if such an outrage
upon the rights Of citizens is allowed to
20 without redress. il must be uncon-
stitutional. The next clearly defined
point in which the Eleventh ward bill
is clearly unconstitutional is that In
which the official terms Of ihe city Off
GERS and the members Of the City CoRn-
Gil is extended ten months without the
will OF the people. Fit is constitution
al to extend these terms Of office one
month, two months. six months, ten
months, or year, why would it not be
equally as constitutional TO extend
them two, three or four times as long?
Why have we elections at all, if every
lepi,lature has the right and assumes to
keep ia Office, those never elected and
deprive the people of the power to,
elect them, 1t would require but a
little more stretch Of power to lengthen
out the terms Of city officers from one
Legislative term to another, and there
by deprive the people altogether or the
right to say who should be their rulers.
If such assumptions of power are CON
stitutional then indeed are our rights
and our liberties in danger, We hope
this outrage upon the rights OF the peo-
pie will be resented by the people them =
selves, by testing the constltutlonallty
of the Eleventh Ward bill. 1t can be
done in various ways, but the most et-
fectlve plan would be for the people 10
hold the city election for Mayor, City
Treasurer and City Council and Ward
officers ON the first Tuesday in Septem'
Der as usual; and then make application
to the courts to have the officers thus
elected seated. This would bring
the matter to direct issue at once and
then the people would soon learn
whether they have any rights which a
legislature is bound to respect.
THE SIGHT OF surveyors along ship
ley Run for the proposed route of the
Baltimore & Ohio Railroad frightens
the residents and some of the owners OF
property along Madison and Monroe
streets. Already it is said that some
are offering their property for sale in or,
der to get away from railroads to soInt
more retired part of the city. To such
we would say that there is no need t'