The Pascagoula democrat-star. (Pascagoula, Miss.) 1878-1920, 1892-05-13
THE DRAM SHOP CHAPTER.
Suit 10 Test the Constitutlonality OF the
Law-.W hat Commissioner Thomp.
son Has 10 Say on the Subject.


JACKSON, Miss, May 9.-Nr. Finel, a
liquor dealer of Natchez. has filed IA petit
ton to test the constitutionality OF the
dram shop chapter Of tho Annotated
Code. He AYERS. among other things,
that the yeas aud nays were not called on
the passage of the bill, as required by the
Constitution that il was not read three
times that the bill was not signed by
the Speaker of the House and President
of the Senate, and was not presented to
the Governor for his approval, as reqnir-
ed by the Constitution ; that the bill put
ting the Code into operation was Intro
auced into the House during the last
three days, in violation of section 81 of
the Constitution. In view of the impor.
lance of the question, Hon. Il, II. Thomp-
son, one Of the Code Commissioners, and
who was in the Legislature during most
of the entire session, was asked for his
opinion. He gives il rs follows:
IL have seen a copy of the petition to
which Aou refer, filed in the Circuit Court
nj Natcbez. by the would be dram shop
keeper for the purpOse of testing the val
iditv of that mart of the Code on the su b.
iect of dram shops. It was sent me by
Cal. Baker. attorney for The CITY of
Natchez. IL IA predicated mon what I
believe 10 be an entirely nnwarrunted and
false premise. 1t proceeds on the IDEA
that .be dram shop chapter is or was in
its massage through the Lecislatuw a bill,
] do not think this. The Gully bill that
figured IN the case was the enforcing act
aud this was treated rs Il bill by the Ley
~islatnre and passed in strict conformity
with all the requirements of. the Consti-
tuition. 1t was introduced in the House o.
Representatives by Mr.. Mcclure, of Yazoo
county. at least three weeks before the
Legislature adjourned. and the assertion
IN the petition that it was introduced
during the last three days of the session
is untrue. This bill. the enforcing act,
was regularly enrolled, approved by thu
Governor; and, in fact. it complied scru
pulously with the provisions of tho Cor.
stitntion.
''The Code chapters are but part ant
parcel of the report made BY the com ms
%sioners to the Legislature. Tue division
of the report into chapters was merely for
the sake of convenient reference, and does
, not serve to render each chapter a bll
nor does it prevent the report from bein.
an entirety. The section of the Consti
. tuition, 275. under which the Code Com
missioners were appointed, does not PRO
, vide that they are to prepare bills. and /
does provile that they are to present
| report to the Legislature. This they did
and the Legislature thus had before it
under constitutional warrant, the re
port, e., tho Code. Surely the Consti
+ tuition, in directing the report to be mad,
to the Legislature, contemplated that tn
law.maklng body should pass upon il
and tho Legislature had Il right to trea
9 it as a whole.
.Tnis would seem TO be an end of til
I matter, but | will further add that til
Legislature, doubtless for convenience il
its consideration, though some of tn
members, | think. deemed 1t essential, &C
d tually referred each c%l,apter of the Code
, to a committee, and each chapter, il
4 Truth, took the usual course of n bill, wa
read three times, yeas and nays wer,
called, etc, as | understand It. | hav
heard two other suggestions. made b,