Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1895-03-22
THE GENERAL ASSEMBLY
What the Law Makers Did in
Dover Yesterday.
THE WORK OF HOUSE AND SENATE

Single Tax ana Local option Bulls Were |
UnconstitutIonaI-rhe Governors stan. |
Chester and Wilmington Electric Road. |
Saturday Half-holiday-N Notes OF the
Legislature.
stat. Evening Journal.
DOVER, March % Representative
Jolls is firmly Of the opinion that the
Single Tax bill for the city OF New Castle,
andathe proposed local option bill would
be unconstitutional, even II passed, as
they are measures which possess Ct
/ features OF delegating legislative powers
to the people He bases his opinion upon
the decision OF the Court OF Errors and
| Appeals rendered In lS47 In the cele-
brated local option case Of Rice VS..
Foster and cites the following extracts
"The making Of laws Is the highest
act OF sovereignty that can be performed
/ In q free nation; and therefore, the
Legislative powers may be truly said tp
be the supreme power OF the state
Its exercise requires superior intellectual
/ faculties improved by study and exper
| ience; although II seems 70 be common
notion with many pretended advocates of
/ popular rights ~ the present day
that every amaa Is instinetively fitted TO
be a member OF the Legislature. Ii the
legislative functions can be transferred
or delegated to the people, so can the
executive or judicial powers The
absurd spectacle OF governor
referring 1t to popular vote.
whether q criminal, convicted OF capi-
tai offense, should be pardoned or exc
onted. would be the subject Of universal
ridicule; aud we're q court OF Justice,
instead Of deciding case themselves.
to direct the prothonotary to enter judg
NEST for the plaintiff, or defendant,
according to the popular vote of a county,
the community would be dlsgusted with
the folly, injustice and iniquitY Of the
proceeding All viii admit, that, ia
such cases, the people are totally incom r
petent to decide correctly. Equally
incomneten5 are they to exercise with
} discernment and discretion, collectively,
or by means of the ballot box. the power
! Of legislation; because. under such
] circumstances, passion and prejudlce
incapAcitate them for deliberation; and
! the tricks OF demagogues. excited feel
/ ings, party animosites, and this COR
ruptlng influences always brought TO
bear upon popular elections would Danish
l reason. reflection and Judgment. II the
delegation Of the legislative power OF the
state to the people OF county, to make
laws through the medium OF ballot box
Involving in it Rn abandonment by the
3 Legislature OF the trust reposed Ia them,
which they have sworn TO execute
! | with fidelity; does not seem to many
5 | persons to be destructive Of the o0nsti-
q tuition, and to lead to all the dangers O.
: Democracy. against which the founder
Q OF our government were SO anxious K
!, guard; 1t can only be because II Il
g presented under the specious appearance
Is OF profound Difference and devotion \
the popular will; and because its de
n structive tendencies are clouded an
e obscured by the incense OF Rdulatioi
d offered TO the mai jesty OF the people
Is The doctrine Of common law is tha
o a member Of a legislative body, although
It elected by particular county or district
Is bound, In the performance Of his func
tions, to act not merely for the bsne6t o
his own constituents, but for the Who'll
state The opinions and will Of hi
= constituents ought always to comman
the most respectful attention; but
clearly opposed to his deliberate udg
I. ment, to che principles Of the constitution
to the dictates OF sound morality, or I
" the public welfare; as an honest an
upright man he ought not to obey then
I, The representative (says Mr.. Barkt) owe
- to his constituents not only his industry
but his Judgment; and he betrays, IN
:, stead OF serving them, II he sacrifices
: to their opinions
- 1T has been argued, with much forc'
Il that the Legislature have no authorit
!, to call into action the elective franchis
( in any other cases, or for any other puI
q poses, than those designated by the con
: stitution that the peace and harmony {
n society are not to be invaded, nor ii
n passions Of the people excited by cAllin
- them ont to vote upon speculative
I questions of morals or policy that u
4 meaning OF an election and the legitima
"a object Of the ballot. box, is the choice
a men to fill public Offices. and Of represep
~ ativss to carry out political measures 4
III the interest and welfare OF their oonBti
= uents and the community at large; 81
4 that every conceivable case whore suI
~ an election can be necessary
proper for public purposes,
provided for by the constitut ion itsel
There is much strength in the argumer
~ and 1t may be well questioned wheth
M the Legislature constitutlonally posse
~ such authority But 1t Is qui To certaii
n buhb bnoy urut power WuoH AhoJ Gall
0O the people to legislRte by the ballot DO
they can refer one subject, they G
al refer any other, to popular legislatio
~ There is scarcely r case, where su
cb diversity OF sentiment exists, and {
so people are excited and agitated by t
ba arts and Influences of demagogues, th
mi will not be referred to q popular vol
The frequent and unnecessary recurren
OF popular elections, always demoral
ing in their effects, are among the VOL
am evils that can befall as a republic
a. government; and the legislation depen
me ing upon them, must be 80 vAiisble,
IN the passions of the multitude. Es
4 4 county will have a code Of laws differs
aes from the Others; murder may
top punished with death in one; by 4
ma. prisonment in another; and by hne il
third slavery may exist In one and
abolished in another. The law Of to
will be repealed or altered to-morro
ich and everything b involved in chaos &
red confusion. The General Assembly '
Is become a body merely TO digest 3
sy, prepare legislative propositions; q
OF their journals a register OF bills to
viii submitted TO the people for their ena
or mani Einallv the peonla thamselVp '