The Brookhaven leader., 1886-12-16

which provides, The Legislature Shall
provide by law iJr determining cEe,t(,s,es l
elections" hecaa,r no pt"vi;..,.i5 lists
for contrasting he elections contemplated
hy this act.
{ 2. The act is not ii declaration of the
wili of thy Legislature, which is tlr sale
repository of legislative power. bar
a delegation of its authority to til.
voters.
Upon IL: !irs;. it a,ly perhaps H.. said
that the rlret'nas ior determining contests
about whie!, the Constitution declares
the Legislature shall pro, idr, are. s.tc-
ti"iiS contemplated ami provided III. by
the Constitution, bat. If al elections q are
h'ld to b. embraced in the direction. 10
tine H.. l>iaturc. ;lsii It i, It's duty to- s.io-
vide for cantrstiay all elections, an, the
constitutional requirement. h" man,:a'ury.
it does not follow hat ali elections are
10 fail and II" held nngatnry lccaii>s' of
the tal!ur" of the Leg 'slatur" Ia nakc
provisions for conte>tlHg thruB. We are
not willing to coacrlr the power oi one
oI the depart meats of the Stat, GnNeru-
meat Ia wreck and da>,py j! h., n"ti-
a,eiun. Suppose the I.r.,>iatur. .-i.ui
failed to i.rovit;e by law f.r contrasting
amy electio:,>, wn,iid ANY e"l.fe.il that
Tie elections failed OF ii;..ir ,i:vct, aud
the i,opti:ar will s'innl,l be ,;,i'nsyl either
| hy leaving offices ''aca;i or by rnitir-
uing t!r intuinnentS i'll off e unt.l-thc
IL tiltTioni requirements siinitid be
| nheytri' i'his wnHlt. i.iva.tr .,nmseli,tn-
cas iiatstn actoteratt,: and i, >.g=,.~tiyc st
The u,iso5in ihrs, of any view !, i.is.li .na.,es
| them po>s ole.
We II est any St'ch views. and held
| that he provision III the Constitution .i.,-
der consideration, IKE many others in it,
is addressed to the Legislature and Gai-
| dlto,y upon it, bias hat it ends with that
department, and The courts shoul.i not
AnnIl acts OF the Legislature Oh the Shb-
jet OF elections hecan>e of its failure TO
observe The requirements addressed Ia it
as 10 providing tor conte>llng elections.
On tao question Of the right to inalle
an act ut the legislature to depend for lis
| operation on II future contingency, aGgu-
mriit was exhausted long ago. and Tho
rriusipc established iy oft repeated
| example, aud by adjudcations in this
| State, itini e!sew here. IN great numbers,
that this may hc done without violating
| he Constitution Il is lille to talk ot
precedent and snbscqEents contingencies
or conditions, betwecn defeating lie OPP
| Grafton uf an act or putting ii in opera
tlou. There is no such distinction. 1t
y
| Tor the Legislature in. it's discretion to
precribe the future contingency, and
it is not objection on Constitutional
gronn's that popular vote is made the
contingency. The Legislature has plen-
AIRY powers over thu matter of licensing
the traffic in liquors, and may in its dis
cre:iun fix the terms on which Il license
may be granted. 1t may make 1t depend
| on the petition of freeholder>, househol-
dcrs, heads of families, voters, women,
widows, wives, mothers OF maidens, or
what it ple;tses. We know no limit as
| To its discretion, us to this.
The purpose and scope of the act is to
take the popular sense whether or not
the traffic shall be licensed by counties
and by vote instead of by Supervisors
Districts, and towns. and by petition as
beforehand the act contains provisions
for these new conditions of obtaining Ii
censcs or denying them.
The law existing before and this act
together evince the will Of the Legisla-
ture to he that the sale of liquors shall he
l,,l,t TOD t.l Il