Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-05-19
KILLED BY IT'S TITLE
WAS THE FATE OF THE MICHIGAN
LOCAL OPTION LAW.

The Supreme Court Declares It Was Sail
ing Under False CoIors, as 'Regulating''
Is Not ProhibIting-A Decision That
suits the saloons and the TeetOtallers
for Reasons Widely Divergent.
LANSING, Mich, May l9.-The Michigan
supreme court yesterday handed down an
opinion declaring unconstitutional the local
option law passed by the last Legislature The
court, consisting of five judges, was unani-
nous in the declaration The test case de
cided upon was one brought from jackson
county. Charles Hauck, saloonkeeper, was
arrested and convicted of keeping his place
open ON the day of the local option election
in that county. The court finds half dozen
defects in the act, the fatal one being that the
law is defective in its title, being entitled
an act to REGULATE when in reality it in
tended to prohibit. Justice Champlin wrote
the opinion, and in it he says: Act 4, sec
ton 90 of the constitution of this state, pro.
vides that no law shall embrace more than
one subject which shall be expressed in its
title" After stating fully the accepted inter-
probation Of this provision the court proceeds
to an examination of the statute: at is appar.
eIt that the object is to prohibit the manu-
facture and sale of liquors and Intoxicating
beverages. There is no attempt by the legis
lature to disguise this object 1t is clearly to
prohibit the sale and manufacture. But
there is certainly nothing in the title of the
act to indicate that the object of the law was
to give the option to the electors of any
county 10 prohibit the manufacture and sale
of liquors. TO regulate means that the bust
ness may he engaged in or carried on, sub
ject to the established rules or methods Pro
hibition abolshes the business entirely The
two terms are incongruous. The court is
clearly of the opinion, for the reasons stated,
that the object of the local option act is not
expressed in the title aud hence is unconsti-
tutional and void" Other serious defects are
pointed out by the court as follows:
/, The provision that the election shall be called
by the county clerk upon the application by peti'
ton, etc is unwise, as it places conscientious
official in an embarrassing situation, and fur
ther, leaves the law open to contest when sought
to be enforced by prosecution.
.. There is no provision for preserving tha
petition.
3, There is no provision for giving notice to tha
electors
4. No provision for furnishing ballot box nor
when the polls shall be opened or closed, nor that
the election shall he conducted Ia accordance with
any law of the state.
8. No provision made for canvassing the elec.
tiOn.
The law as it stands will lead to vexatous
litigation, and involve the administration of
a criminal law in uncertainty.
kilograms from all parts oy the state say
state say that the saloons are rapidly pre-.
pairing to take advantage of the decision by
resuming the sale of fire-water. AT Grand
Rapids the Prohibitionsts rejoice in the de
cision and a meeting has been called to adj
vance the cause of tot al Prohibition, and the
same feeling is manifested at st Joseph and
elsewhere At jackson nine tpnthS of
the property owners rejoice exceedingly at
the decision. Out of seventy seven saloons
that paid no licenses last year forty will pay
$500 under the amended law now taking of
feet Twenty "club" had been formed
already where liquors would have been sold
on the sly by the saoonists if the law had
been declared constitutional The new ar.
rangement will put $4,000 into the city treas
Ilry