The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-03-10
AGAINST INVASION OF
INALIENABLE RIGHTS
BULLETIN NO. 30.

One of the gentlemen delegated by
the German-A American Central Ali
ance TO speak for it in opposition of
sLbfe local option bill before the Assem-
Fbly Committee on Municipal Corpora
Nions at the public hearing on March
4,sformer judge, f. Kuhn, had to stop
his address just begun, because of ex-
piration of the time allotted to the
speakers for the opponents Of the bill.
lie was. however, requested by Chair
mar Moxon to submit his argument
in writing. This has been done. The
following is a condensed statement
OF the argument submitted to the
committee:
The German-American Central AL
lance is against that bill:
/. Because it contemplatcs an in
vasion of personal rights, by Art. /,
Sec. /, of the Constitution declared to
be natural and inalienable." 1t con-
templates abridgement of the right Of
self determination in matters of ones
own living, which is inseparable from
the fright of liberty" and also de-
struction and injury of PROPERTY legally
acquired, at the caprice of a majority
Of votes.
2. Because the bill violates Art. w.,
Sec. I, I'll of the Constitution, which
prohibits special legislation for the
regulation of the internal affairs of
cities and counties. 1t provides that
at the will or caprice OF a majority of
votes cast in a subdivision of the State
something shall there become illegal
which elsewhere in the State remains
legal. For that reason a local option
bill was adjudged unconstitutional in
Pennsylvania, whose Constitution con-
tains a similar Introduction.
3. Because the bill c~ontraveneS Art.
~, Sec. l, of the Constitution, which
stipulates that the legislative power
shall be vested in the Legislature.
The bill contemplates delegation of
that power to a majority vote in a
subdivision of the State, by authoriz-
ing it to create in that subdivision "a
criminal offense unknown in law else
where in the State.
That this is unconstitutional has
been declared in an official opinion in
local option bill rendered by the then
Acknowledgement, Mr.. r.. Gilchrist, to
the Legislature of 1872, and is confirm
ed in court decisions against such bills
in Pennsylvania, Iowa, Michigan,
Delaware and Rhode Island.
4. Becauce the bill is viofative OF
Art. l.. Sec. Is of the Constitution,
prohibiting the taking of private
property for public use without just
condensation. That the bill aims at
destruction and injury of private
property is admitted by the advocates
of the bill, who plead the public
weal'' as Justification. The public
veal is a "public use" The bill con-
tains 10 provision for just compensa-
ton of the injured.
8 Because the bill means large in
crease of the tax burden in the state.
It's enactment would effect the loss OF
a large part of the revenue now de-
rived from license fees, the aggregate
whereof in the State now exceeds ~
400. 600. Also would it effect a large
decrease of the tax evenue now de-
rived from real and personal property,
bv -depreciation of the tax value tnere-
of And by no means the property or
brewers and saloon keepers alone, ouG
also of that of thousands not employed
i'm those vocations. Namely OF that
of all owners of store buildings, by
shrinkage of the rental value through
Incoming vacant of thousands OF
stores now occupied as saloons: and OF
that of the thousands who by local
ontiop would, at least temporarily, De
thrown out of employment.
The shrinkage OF tax revenue IN Gie
state would surely figure high INTO the
millions. Retrieve of these mliiions
would necessitate enormous increase
of.he yearly lax rate
ressAnreaud German American Gem
trail Alliance, Newark N J.