Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-12-30
WEDNESDAY. DECEMBER 80, 1885.
A Law Point


cation is, if we may state in our owl
words the proposition of -. II. De-
that q State Legislature possesses al
powers not denied to it by the Fedora
Constitution nor by the State Constitu
ton. whilst Congress possesses nc
powers not specifically granted to it,
We have had occasion repeatedly to re-
fer to this proposition as being good
law. There is no room for dispute on
that point, no matter in what terms the
proposition is stated. We agree that
lin forming the State Constitution the
people committed to the Legislature the
whole law-making power Of the State
which they did not expressly or i'm
piicdly withhold" We agree that
the Virginia Legislature has the same
power as the British Parliament ser
cpf rhere restrained By rritten con-
sfifptions." Therefore. we never con-
tended, nor thought Of contending, that
the power referred to could not exist
unless it was conferred by the State
Constitution and. therefore. too, we
agree Of course that "unless there is
some denial Of the legislative power
which q State Legislature assumes to
exercise, either in the Federal ConSti-
tuition or in the Constitution Of the
State, the effort to impeach the power
on constitutional grounds will prove
unavs,ling." 1t is not much Of CON-
pliment to us that -. II. D." should
lay down for our benefit these ele-
mentary propositions Of law which we
learned in the law school of Judge
NELSON nearly thirty years ago.
What. then, was the point which we
stated had been raised by the Staunton
indicator, and which We illustrated by
referring to a somewhat similar point
that had been raised in an Illinois case:
1t was that the people Of Virginia had
- implicitly" withheld the power to
furnish all children with school-booas.
1t was a mere suggestion, and was fol-
lowed by the remark that we should
hereafter learn what the courts would
think Of the point. The point was that
the Legislature TaS restrained by a
written constitution -: that it had been
" ,mpliedly" prohibited from passing
such a law. We will further illustrate
the proposition by referring to other
provisions in the State Constitution.
The State Constitution provides that
"eyery male citizen shall be
entitled to vote" 1t says nothing as
to females. Therefore, argues -. ii.
D." women may be made voters by
the Legislature. Oh. no, he will reply,
the Legislature is implicitly" for
hidden to make voters Of female citi-
zens by the section of the Constitution
which mentions male citizens as voters.
And yet there is not a word in the Sec
ton that refers TO female citizens. 1t
is only because their Acknowledgement
is impIiediy forbidden that nybody can
contend that women may not be made
voters. So in the case under considera-
ton. The constitution says that pro-
vision shall be made to supply children
with necessary textbooks ain cases
where the parent or guardian is unable
by reason Of poverty to furnish them"
II says not a word as to the rest Of the
children but surely it is implied that
the Legislature shall not furnish these
with school-bOokS. At any rate, it is
a question for the courts to decide.
From beginning to end, the Consti-
tuition contains provisions which by i'm
plication, and not otherwise, restrain
The power Of the Legislature.
1.-THE General Assembly shall elect
. a Superintendent of Public In
stIuction."
Can it elect two:
There shall be a board Of educa-
ton composed OF the Governor, Super
intendent Of Public instruction, aud
Attorney. General"
Can the Legislature make the Lieu
tenant-Goyernor a member Of that
board: IL not, why not: 1t is not
forbidden to do SO except by implica-
ton.
The militia Of this state shall con-
siSt Of all able-bodied male persons be-
tween the ages OF eighteen and forty
five" &c.
Can the Legislature provide that all
persons under sixty shall belong to the
militia? IL not, why not: There is
no prohibition except by Implication.
And SO We could go through the
Constitution and point ont numerous
cases Of implied inhibition and i'm.
piled Inhibition is all that We suggested
in the care before US.
To the Editor Of The Dispatch:
In an editorial in your issue of the
9th instant, entitled The School.
Book Question, you quote a portion
Of section (, Article VIII, Of the State
Constitution, as follows:
"Section 4. Provision
shall be made TO supply children It
tending the public free schools with
necessary textbooks in cases where the
parent or guardian is unable. ty reason
IF poreriy, TO furnish them 49,
and make this language the text for
some comments Oh the promised lesis.
lstion on The school.book question,
which / ask leave, through your
columns, briefly TO notice.
Your view Of the question, IL I cor
rectly understand you, is that the Ian
gusss of the Constitution quoted, which