Crawford avalanche. (Grayling, Mich.) 1879-19??, 1888-05-31
acts Of 1887 !. not expressed In q ,ts sislo. ana

hence 10 unconstitutional and void.
The Attorney General repregenting the peo-
pie comedies that absolute prohibition cannos
be enacted under q title to regulate. but he in
sists that under the title to regulate the sale Of
liquors Il is competent TO prohibit the sale Of
fed times and places, and In specified quanti-
ties the number OF the class or the quantity 10
q matter entirely Of legislative discretion. IL
is also insisted upon by counsel repre- senting
the people that the act regulates the manufac-
ture and sale OF LIQUORS mentioned in the title
in the counties, In voting certain way under
the act, by prohibiting such manufacture
and sale, except when done by a druggist
who Is or who employs q registered phar-
macist, and that one means adopted by the
Legislature to regulate this rattc Is partial
prohibition. This reasoning is wholly unten-
able as applied to the act in question. Drug
gists are not allowed TO sell liquors to be used
as a beverage. They are permitted BY the gem
eral law to sell liquors for medicinal mechan-
cal. and sacramental purposes only Their sales
were and are already regulated by existing
general laws. This act does not pretend 70
regulate druggists. 1t simply excepts them
from the operation OF the act and permits
them to carry on their business under
forced suspends the general laws as to all
other persons and wholly prohibits them
from carrying on the business. This 10 not
regulation by partial prohibition, but is total
prohibition TO all person who by the general
law are authorized Hereunder to sell liquors
to be used as n beverage. IL the position as
sumed is correct. then under law entitled to
regulate the sale OF vinous and spirituous.
bro wed or fermented liquors an act might be
passed totally prohibiting the sale OF such
liquors except for sacramental purposes, and it
would not DO a prohibitory law but a law to
regulate by partial prohibition. This would
be absurd. The act is total prohibition so far
as concerns the manufacture of Intoxicating
liquors
AS what has been said fully disposes OF the
law In question as we'll as the case before us,
we do not feel inclined to express any opinion
upon the other serious questions raised and
nad rnFfa I'm Aafa oaIa Inn an ha- fat al
the validity OF the law were pointed out, which
1t Is proper should be referred 30.
!. 1t provides that the election shall be called
by the County Clerk upon the application by
petition signed by not less than one-hfth OF the
voters Of any county, as shown by the last pre-
ceding vote for Governor This enables the
clerk 20 definitely determine the number who
should sign the petition. But how is the
clerk to ascertain whether the signers
are voters, or whether the signatures to
the petition are genuine? 1t is suggested that
be may consult the poll lists In his Office. BY
this means he could ascertain whether the
names appearing upon the petition were also
upon the poll lists, but he could not determine
from such inspection whether they were genu.
Sait7onn' 81 aIen6fity8f JheAtbrBt: "Hd 1944 tea
the clerk to act without evidence or verincatton
OF the qualifications or genuneness OF the sig
natares of the sgners of the petition. To say
the least, it places conscientious official in an
embarrassing situation. But worse than this,
it leaves the facts open for contest wnen the
law is sought to be enforced by criminal
prosecution.
D. There is no provision that the petition
shall be filed or preserved. The law is silent
on this subject. The clerk after receiving the
petition may throw 1t in the waste basket or
destroy it, and yet this imp 1rtant paper lies at
the Foundation Of q proceeding which Is TO
suspend the general laws OF this State upon
the liquor traffic and taxation thereof for three
years and makes operative a law which tnnicts
fines and imprisonment
3. The law requires the clerk TO give notice
in the same manner as is pEQvided by law for
Al aIn
GERS In such case the law requires him TO
send the order for Special election 60 the town.
ship clerk Of each township, and to one OF the
inspectors OF election in each ward OF any city
in his comfy He gives no notice to the
electofs OF the time and place Of holding the
election or OF the question to be submitted.
the electors to be given by the town clerk and
| inspectors.
L. 1t makes no provision as to the furnishing
| Of ballot boxes nor when the polls shall open
ed I'm accordance with any law of this State.
| g. The act states: Tho ballots shall be cast
and counted, and the return OF the same shall
| be made from each voting precinct to the clerk
/ OF the county in which such election Is held in
| the manner prescribed by law for tho election
OF county officers" There is no law requiring
| returns from the vo ing precincts to be made tc
| the county clerk when county officers are
| elected The law in such cases requires the
inspectors Of election to appoint one OF theil
| number to attend the county canvass. and these
| wnen assembl ed constitute the Board OF County
| Canvassers. These canvassers bear the returns
| to the Board Of County Canvassers and IL II
| only when the inspector so appointed Is unabi
| to attend the meeting OF the board that he II
| required to send his returns TO the county
| clerk who is to lay the same before the Boar
| OF Canvassers
| 6. There is no provision for county canvns
or other determination of the result. No pub
lie notice is given OF the votes cast against ant
for the question, and the record OF the tabula
| statement which shows the result Is only male
| prima facie evidence OF the truth OF the mat
ters therein stated. While courts are pre-
| sumed TO know what laws OF public nature
are In force in the State, they are not pre-
| sumed to know what counties have voted 4
| suspend such laws and the consequence
would be that whether the law is in force In
| which enters into the element OF tn
offense. and makes the question OF laN
or no law an issue in every proseou
ton for its violation. It will be seen at
| glance that this would lead to vexatious an
| expensive litigation, and involve the adm mis-
tration of a criminal law in uncertainty. In
defense would have the right to show, II the
would that the petitioners were not qualihe
voters, and that they did not constitute one
fifth Of the quaHfied voters. They would, hav
the right to show fraud, error or mistake in tn
returns and tabulated statement In order
show that prohibition had not been accepte
and the general law suspended. Statutes
such Importance cannot lawfully be left in sue
uncertainty.
The prisoners detention bOing unauthorized
he must be discharged from custody
| ~