Evening journal., 1908-01-30
JUDGES AGREE
LOCAL OPTION
LAW STANDS
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that another opinion on the question
would be sought.
In deciding the question Judge PEN
newill said in part:
voluminous Opinion
The opinion OF the court covers
forty typewritten pages, and the court
goes into the subject exhaustively
even reviving some Of the records Of
the Constitutional Convention TO as
certain the intent Of the constitution
trainers on the question of general or
special election on the license Ques-
tion. Jddge Pennewlll read the oipn-
ion dliberatcly, and In a manner that
an the lawyers could hear the impor-
tant questions rassed upon.
1t would take many columns to print
the decision in full or TO give extracts
fro mil setting forth the manner in
which the judges consider the various
/ legal points, and the 'ecision Is con-
sidered in a general manner IN the fol-
lowing paragraphs;
The specific question, the judges set
forth, Is whether that part of the local
option law under which the election
mas held was an unconstitutional ex-
ercise Of legislative power and for that
reason void and unenforceable.
The first contention Of Mr. Salisbury
/ In behalf Of the defendants in the case
then was taken up. II being that THE
General Assembly has no power to
submit the question of license or 40
license to the people anywhere, In all
the districts, or in any district, except
at the general election"
The briefs submitted by counsel on
the respective sides are exhaustive, and
the oral arguments made before this
court were remarkably able and force
full" the court says: I'm view Of this
fact, and also because of the deep and
general interest felt in the decision Of
the question we have given the matter
the most careful consideration OF
which we were capable in the time at
our command"
Does Not Conflict
The court before taking up the
lquestlon Of whether the license ques-
tion could be submitted at a special
election discussed the contention that
the law was In conflict with the Fed
eral Constitution The judges set
forth that they think Il VIII not be
denied that a state Legislature may
enact such laws as are necessary to
preserve the peace and good order OF
society and the safety Of It's members;
and II the public safety or morals re-
qulre the disoontinuance Of ava manu-
facture or sale, the Legislature may
provide for its discontinuance, not
lwithstanding some persons may be in
juriously affected or inconvenienced
thereby. The police power, which is
exclusively in the States, Is compe-
tent 10 prohibit the sale and manufac-
ture Of an article Of commerce which
they believe 70 be pernicious IN it's ef-
fects. and all measures OF restraint or
prohibition necessary TO effect the pur-
pose are within the scope Of that au-
thority" The court is OF the opinion
that the local option law is not OBJ
noxious 70 any provision OF the Fed
eral Constitution.
Taking up the conteptlon Of Mr..
Salisbury that the license question
could not be submitted at a special
election, under the wording of the Con-
stitution, the court says that there can
be no doubt II the first sentence Of
Section ! OF Article tS stood alone and
constituted the entire provision upon
the subject the Legislature would have
power TO enact a law providing for sub
mission at a special election. but If the
submission Of the question Is made in
any district by the Legislature on pc
titlon IA majority of members from
that district, then the submission must
be at a general election. The court
decides that each sentence of Section
1 is a complete and Independent pro-
vision.
Contention Not Supported
The court took up the second con-
tention Of the defendants-that before
there could ho a submission Of the IL
cense question a majority Of members
from each district IN which It is sub
mitted must request submission. In
considering this question the court
quotes from debates and discussions
Of the constitutional convention. which
the court thinks Is mot at all support
I've Of the defendants contention" and
the contention is not upheld by the
judges
The third contention Of the defend