The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1888-05-30

scvs OF isW IL not expressed In ito stlos ana
oence 10 Unconstitutional and void.
The Attorney General. representing the peo-
pie, comedies that absolutes prohibition cannos
be enacted under q title TO regulate. but he In
ssts that under tho title 10 regulate the sale OF
liquors IL 10 competent to prohibit ths sale Of
liquors to specified classes Of persons ct speci.
ned tunes and places, and In specified quanti-
ties the number OF the class or the quantity is
a matter entirely of legislative discretion. IL
10 also insisted upon by counsel repre- ssntfng
tho people that the act regulates the menufac-
ture and sale Of liquors mentioned In the title
IN TIM counties. in voting q certain way under
the act. by prohibiting such manufacture
Sna sale except when done oy ddra SS.s
macist. and that one means adopted By the
Legislature TO regulate this trafiic is partial
able az applied to the act II, question. Drug
gists are not>allowed to sell liquors TO be used
| as q beverage. They are permitted by the gen.
eral law TO sell liquors for medicinal, mechanic
cel. and sacramental purposes only. Their sales
~kre aud are already regulated by existing
general laws. This act docs not pretend TO
fr Ss the OPERATION Of sho act and permits
them to carry on their business under
the general laws. This act when en-:
forced suspends the general laws az 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 persons who by the general
law are authorised hereunder TO sell liquors
to be used ne a beverage. II the position as
sumed is correct. then under a law entitled TO
regulate the sale OF vin0us and spirituous,
brewed or fermented liquors an act might be
passed totally prohibiting the sale OF such
anoS5s except Tor Po AND 10
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 we'll as the case before us.
we do not feel inclined to express any opinion
upon the other serious questions raised and
n N nm a
the validity OF the law were pointed out, which
1t is proper should be referred to.
!. 1t provides that the election shall be called
by the County Clerk upon the application by
petition signed by not less than one-1fth OF the
voters OF any county, as shown by the last pre-
ceding vote for Governor. THIS enables tho
clerk to definitely determine the number who
should sign the petition. But how Is the
clerk to ascertain whether the signers
voters, or whether the signatures to
the petition are genuine? 1t is suggested that
he 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-
ihe signatures or had been placed upon the
petition by authority OF the voter. 1t requires
the clerk to act without evidence or verihcaton
OF the qualifications or genuineness OF the sig
natures OF the sgners OF the petition. To say
the least, it places a conscientious official in an
embarrassing situation. But worse than this,
it leaves the facts open for contest when the
law is sought to be enforced by criminal
prosecution.
q There is no provision that tho petition
shall be filed or preserved The law is silent
on this subject. The clerk after receiving the
petition may throw il in the waste basket or
destroy it, and yet this important paper lies at
the foundation OF a proceeding which 10 TO
suspend the general laws OF this state uoon
the liquor traffic and taxation thereofsfor three
years, and makes operative law which in1icts
fines and imprisonment
g. The law requires the clerk to give notice
in the same manner as is provided by law for
giving notice OF special elections for county OFF,
oers. 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 county. He'gives no notice to the
electors Of the time and place Of holding the
election or OF the question to be submitted.
And this act makes no provision for notice to
the electors to be given by the town clerk and
inspectors
4. It makes no provision as to the furnishing
OF ballot boxes nor when tho polls shall open
or close nor that the election shall be conduct
ed In accordance with any law OF this Statee
s. The act states: The ballots shall be cast
| and counted : and the return OF the came shall
be made from zach voting precinct to the clerk
OF the county in which such election is held in
| tho manner prescribed by law for the election
| of county officers" There Is no law requiring
returns from the vo ing precincts TO be made to
| the county clerk when county officers are
elected , The law In such cases requires the
inspectors Of election TO appoint one OF their
| number to attend the county can ass. and these
wnen assembl ed constitute the Board OF County
Canvassers These canvassers bear the returns
| to the Board Of County Canvassers, and IL IL
only when the inspector so appointed is unable
| TO attend the meeting OF the board that he Is
required to send his returns TO the county
| clerk, who is to lay the same before the Board
OF Canvassers.
6. There is no provision for q county canvass
or other determination OF the result. No pub
lie notice is given of the votes cast against and
| for the question, and the record Of the tabular
statement which shows the result is only made
| prima facie evidence of the truth OF the mat
| tiers therein stated While courts pre-
sumed TO know what laws OF q public nature
are in force in the State, they are not pre-
sumed to know what counties have voted to
suspend such laws, and the consequences
would be that whether the law is in force in q
particular county becomes a question OF fact,
which enters into the element of the
| ofIense and makes the question OF law
or no law an issue in every prosecu-
| tion for its violation. 1t will be seen at ~
glance that this would lead to vexatous and
| expensive. litigation and involve the admins
tration OF n criminal law in uncertainty. The
defense would have the right to show, IL they
would. that the petitioners were not qualified
voters. and that they did not constitute one
| fifth Of the qualified voters. They would have
the right TO show fraud, error or mistake in the
returns and tabuated statement In order to
show that prohibition had not been accepted
and the general law suspended. Statutes OF
! such Importance cannot lawfully be left in such
uncertainty.
| The prisoners detention being unauthorized,
| he must be discharged from custody.
The other Justices concur.