The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1888-01-28
and the former case was cited as au-

'ScctlOn .. L ue OWhcf VI hcopCi vi
any dog or dogs which shall have
wounded, mailned, or killed any cattle,
horses, sheep or lambs, or injured any
person, shall be liable TO the owner or
legal possessor of such cattle, horses,
sheep or lambs, or to the person injur-
ell, in all damages 30 done by said dog
or dogs, without proving notice to the
owner or keeper of such dogs, or
know edge by him that his dog was
misch ievous or disposed TO kill or
worry sheep; aud all laws conflicting
with this section are hereby repealed.
Section 9. The county board OF
supervisors of any county, at their first
meeting in any year, shall have power
aud are hereby authorized, by vote
of Il majority Of all the members-elect
of said board, to increase or diminish
the sum set opposite The names OF
owners OF dogs, as provided for in
section two OF this act, or at the said
meeting by the said vote TO determine
whether or not during the then current
year the said county shall be exempt
from Or shall be governed by the pro
visions OF this act; and said deterInina-
ton shall be binding on said county
until reversed by said county board by
a majority of the members-elect of said
county board"
The remainder of section 9 relates
solely 10 the city and county of Mil
waukee, and is unimportant in this
case.
On that occasion Lyon, j., said:
1--WE are now to determine whether
the legislature has power to authorize
- .rIo 4 n A
their respective counties from the pro-
visions of section 8. The constitution
Cart. ~, Sec. y ordains that 'Tbe
legislative power shall be vested in
senate and assembly, Those bodies
constitute the legislature. 1t is a set
tied maxim of constitutional law that
the power thus conferred upon the
Legislature cannot be delegated by that
department to any other body or
authority. Cooley on Con. Linn, 116. J
Yet II is undoubtedly true that in
matters purely local and municipal the
legislature may enact conditional laws,
and refer 1t to the people or proper
municipal authorities to decide whether
such laws shall or shall not have force
and edect in their respective municipal
tiles. The cases which sustain this
power are numerous. The State VS..
O'Neill GA Wis, 149) Is one of these.
In principle the same power Is exer-
cised in the numerous laws enacted by
the legislature giving to municipalities
the power to establish bylaws and
ordinances in respect to municipal
matters. Section 8, however, does not
relate to municipal affairs, but it seeks
10 change q rule of the common law
pertaining to matter OF general
interest. AS well might the legislature
authorize the board Of supervisors Of q
county to abolish in such county days
of grace on commercial paper, or to
suspend the operation of the statute OF
limitations. Such legislation Is clearly
within the restriction on the power OF
the legislature to delegate its authority,
and is therefore imperative and void y
| (SliDger VS.. Henneman, SO Wis, 5O4.
In Maryland an act was hold valid
which left it to the voters of certain
named counties to determine whether
intox eating liquors should be sold or
not-the act to take effect Immediately
after the vote was ascertained. (Fell
VS.. State, AZ Nd, IT, The decision
applies the rule stare dscisis. There 10,
however, an able dissent by Bowie, }.
In Com. VS.. Weller az KY, 2lS) al
act in relation to Bullitt Co., of slml
lar nature, was held valid, and the
case is made largely to turn upon the
ground that it is merely local laa0
and citations are made of authorities
relating to school districts voting taxes
cities and counties voting subscriptions
ooun,ies voting to organize new coun
ties, etc.
Hill vs.. Mayor decides that the city
of Dalton had charter power to pass ~
ordinance forbidding the sale oI
liquors. az Ca, 314.)
In Caldwell vs. Barrett, IS Ga, GOA
an act was held constitutional which
was q purely local act, made dependen
for its validity and for its penalty on s
majority vote. The subject is evidently
but lightly considered. No authorities
are cited except reference to Cooley
Con. Linn, 74s, 749, where sucl
questions as location of county sites
municipal charters, etc are discussed
In the opinion it is very naively said
"LJ the constitution, the organic tdo
Of the state, has beer made to depent
upon the cote of the people, ii IS no
easy 10 perceive t0hy a local lato, an &c
affecting particular community
: sheuld not be determined By a vote Of III
} people Of that locality"
, | have thus, at the expense OF boil
space and brevity, set forth the presen
!, state of the law on the point in hand
The Importance OF the subject demande'
; as much
| II ,u;il aos;I,, I'm Saan thot fhs fnrpoe
rulings of this court are sustained by
) great preponderance OF authority ant
, an equal preponderance OF reason
: And the rule of this court, with II
: we'll known exceptions, established TO
, thirty four gears, should not be light
} departed from, even if founded ol
J reasons less cogent than it is. IL IS
rule ayomotiUe Of a0holesome and con
serU0!ive legislation-a rule which de
l mands the exercise of that Legislative
Judgment and discretion for tn
exercise of which members are sent 4
, the halls OF legislation. 1t is a rul
which rigidly applies the maxim
, GeIeQotus non protest delegari; . rul
; which holds as inapplicsble in tn
: affairs of representative governmen
: the comrGon law maxim Qut tdcit pc
Gliun, .tacit per Sc; rule which denie
) that the act of the voters is tho act O
the legislature; rule which, as far q
, human rules can ,enforces all observanc
of that sacred trust which pertains t
the Office of legislator, and sternI'
forbids, as well as prevents, the re
sponsbilities of that Office from bein&
shlrked and it's duties and obligation
, from being shifted OH irresponsible
shoulders.
If the "Wood Law be examined il
the light of that rule, aud of tn
authorities cited from our own reports
l as well as numerous others elsewhere
it must be apparent that it possesses nc
one oJ The attributes Of UGiid laW,
has nothing mandatory or prohibitor
about It, 1t is more ilpitdtioa to tn
people to say whether the propose
which it contains meets with thei
approval. The whole act, from II
title downward, shows that unit
l another will was superadded to tn
legislative will, the act did not have
. and was not intended to have, a shre
! or patch of vitality or validity about il
. It's Legislature birth took place i0hen III
election took place. Reject the electio
e and g0U destroy the ia,0. | DO no
deny but tina: a local option law coul
be passed, one that would repeal exist
ing laws and denounce heavier pena
3 ties than they do against the sale Q
Intoxicating liquors, aud leave tn
mere incident of allowing the peopl