The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1888-01-21

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thereof, and the procuring of license
! for that purpose; aud IT II majority of
the votes cast at such election be
against the snie of intoxicating
| liuuors," the county court or municipal
| body ordering such election shall pnb-
| lish the result OF such election once a
week for four consecutive weeks, in the
same newspaper III which the notice of
election was published; and the pro-
visions of this act shall toke effect and
be IL farce from amt after tie daLe of
the lust utScr,OH Of The publication
| Inst 0b0re IettyTc6 To-; and provided
further, that no license to sell iutoxi-
eating liquors of amy description, pro-
hibiied by this act, shall be granted
during the time OF publication last
above mcEtiomcd; and provided fur
ther, that this act shall not be so con-
strucd as 10 interfere with any license
| issued before the day of such election,
| but such license may run until the day
Of its expiration, and shall not be re-
new ed The election in this act pro-
| vidcd for, and the result thereof, NAV
be contested in the same manner as is
now provided by law for the contest
of the elections of county officers in
this state.
Section 6. That if majority of the
votes cast atany election held under the
provisions of this act shall be "against
the sale of intoxicating liquors." II
shall not bc lawful tor any person
within the limits OF such county
dying outside of the corporate limit.
OF any city or town having, ut the date
Of such order of election, Il population
of twenty-five hundred inhabitants ol
moIp) or city, rs the case may be, tC
directly or indirectly sell. give away
or barter in any manner whatever, an,
kind OF Intoxicating liquors or bever
age containing alcohol III any quantity
whatever, under the penalties herein.
after prescribed.
Section I. ThaL whenever the elcc.
ton iii this act provided tor has beei
held and decided either "for" OF
against the sale of iutoxicatin.
liquors, then the question shall no
be again submitted within four YEAR,
next thereafter in the same county OF
city, ns the case may be, and then only
upon new petition and in ever,
rcspcc, conforming 10 the provisions o
this act
Section 3. That nothing in this &C
shall be 80 construed ~ 10 prevent tn
sale OF wine tor Sacranental purposes
nor shall ANYTHING herein coniaIne,
prevent licensed druggists or pharma
cisis from furnishing pure alcohol 10
medicinal, art, scientific, and mechani
cal purposes.
SectiouJ. Tina! any person ViOlatin
the provisions OF this act shall be deem
ed guilty of II misdcmeanoI, aud, o
, conviction thereof, shall Ue puuishe,
bv Il fine of not less than three huldre
dollars nor more than one thOusau
dollars, o" by Imprisonment in tll
county Jail not less than six month
j. nor more than twelve months, or b
both such fine and imprisonment.
Il The ruling that this court is thu
called on 10 review brings III guestiU
the constitutional validity of II
|" "Local Option Law" That validil
is questioned ia various WAYS and frol
II different points al view.
| Will now consider the obiGctiO,
;, which are urged against its validit,
il any one Ui them hc sustained, ful
tier inquiry ~ Ia others Will be ngeC
n less; bat, owing ~ the Importance
the subject, ! viii consider them all
FL And, first, will notice the diffe
=. cnce in essential particulars betweo
~ the constitution of 1850 and those
~ our present constitution. The fir
section Of Art. " of the former pr,
- vides that "the legislative power sbs
be vested III General assembly, whi
shall consjs: OF Il senate aud housc
representatives The first section
~ an article OF the same number in 4
oi constitution OF 1873 provides that at
legislative power, subject tD tie limit
OF TOuS herein cOJItuIHei, shall be vest
!. in senate and house of represent
ia tives, to be styled the General Assel
.d blv of the State OF Missouri" | la
Italicized the words which regard
constituting one Of those essential d
ierenccs which have mentioned.
on the same article, and under the apr
prinie subtitle of "HmttdttOn on leg
q, tdtiUe pOwcr, are grouped many thin
which the legislature Is absolutely tO
hidden to do, or else forbidden to
except in specified way. These pl
~ hiblinns aud specifications begin
OO on tD section 81, inclusive, when ,
have section %, which declares st
% general assembly shall not pass a
oo local or special laws" Then follow
w in that section, some thirty odd spe
"e tications, wherein are specified tho
things which the general assembly
forbidden to do through the agency o
IG local or special law. Among thr
p 'riications find these prohibition
x .gulMing the aifNirS OF count
cities, townships, wards, or school d
lricts, Incorporating citi
IL etc, or changing their charters
- all "theI cases where Il general law
D. be mad|applirah:c no local or spec
law shall be cuHctc!: and whether
! general law could !itvr been made Il
p!icab!c il ANY cast - hereby declar
:, Il ludlcini question, and is such shall
!'' IudiciI'iy GclrrGi#rd. without
!" gard to any legislative assertion
!" that subject. Nor SHALL the gene
- assembly Indirectly enact such spec
=, OF local Law by the partial repeal ot
=" general law; but laws rcpeuling lOt
~ or special acts may be passed. Th
~ follows section 81 Of the same artiC
| liliI NO IOCll VI SDCCldl Ia
% shall be passed unless notice of the
W tention To apply therefor shall ha
;" been published in the locality WhC
~ the matter OF thing to be affected III
be situated, which notice shall state
I" substance OF the contemplated law
etc.
J. |. The question then presents itse
Is The "TOpd Lar = general hO, or
iorH or &prciai Lur! \ general OF pu
lie law and speciai OF private law u
y thus dGlinri by eminent tcXt-w rite
Il, and jmrisl~ In rottcrs Dwarris 1t
:" said:
- "A plt6iic act il IA universal rule, Il
regards the whole community.
" Hiraie acts are th sc which cOnce
" only Il particular species, thing, or pr
! son, 8S acts relating 10 Il
particular place, or Ia one or dive
particular counties. \ e
u, eral or public act, then, regards
II whole community Poucrs DIVA
T. 81. 81. 70 the same r!lect st" | kel
'r Com, 4,g. AGO; | Backst. tum.,
!" ST
!, Scd%wirk save
W AN nrt is local when the sub,
,. relates only la u pOrilon ol the peDI
-, nr their property, tnd may not, eitl
ia It's subject, opGrlti"n, on itnnedi
-, necessary results affect the peop'e
- the state ur their property IN genera
n. (ScdgwiCi. on STATE aud Const. COnst
~, 629, ii ed.)
NJ Sedgwirl; is appr"vim@ly cited il
no recent CaliiurniI case, and Il statute
| I,i, only ia