Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-20
WARD LAW DECLARED VALID.


With one Judge dissenting. tn" Sn'
prcme Court of Appeals on THURSDAY
last declared the Ward law. passed
by the last legislature. valid and IN
kceping with the spirit of the cohsu'
tuition.
Il is probable that this decision Will
be received with disappointment by
the liGuor dealers who conducted
places of business in Virginia cities
and towns which recently have votro
dry" Roanoke. I.ynchhurS. Fred
cricksburg and Suffolk among the
number.
In other communities where licenses
are still granted and public sentiment
appears to favor the operation OF sa
looms in stric, accordance with the
State law rather than to abolish these
nIaces and invite tne advent OF the
vicious institution called tn" Lima
tiger" the decision doubtless has been
received Nv the saloon men with more
hospitality. A notification OF the
Ward law by the Supreme Court III
this time woald have reopened the
whole prohibition question throughout
the state. and the result OF the ag''a-
ton probably would have been a cam
paisn this summer and fall upon State
wide prohibition lines. involving the
possibility of the elimination alto
gether of that species OF home rule
known as local option.
In rendering its decision. the major
ity o; the Supreme Court OF Appeals
admitted that that tribunal found IL
self in a delicate position. The COM
ments along this line would appear 10
be almost an Acknowledgement that
the court itself entertained doubts as
to the constitutionali,y Of the Ward
act, but thar il felt that in such In.
stance the greater weight and power
should lie with the legislative rather
than with the judicial branch Of the
State government. Upon this point
the majority opinion, handed down by
Judge Keith says:
To pass upon the power Of the leg
islature ani determine whether q stat.
ute which II has enacted is a valid ex.
ercise Of it, power. or Is TO be deemed
null and void on account Of Its rCpug'
nancy to the constitution Is a iu,y
Of the utmost delicacy. From the
ear!ics; exercise Of this power H. the
courts down to the latest expression
upon the subject they have with one
voice declared tnst while the power
was essential in government in
which the people who are the source
Of all power. haze seen fit 10 restrain
the various governmental agencies
VIII 'ch they have established by an or.
ganic act OF constitution emanatinS
directly from themselves. nothing
short OF a plain and palpable repue
nancy TO the constitui ion Of the stat
ute whose validity is called In ones
ton can warran; a court in holding a
statute TO be null and void
Another principle Of equal author
ity is that as TO matters not coded "a
the Federal government. the Iegisla
tive powers Of the General Assembly
are without limit except so far as TO
strictions are imposed by the coBs'i
tuition o! the State in express terms
or by strong implication. The state
constitution is q restraining ihstrr
mcnt only. and every presumption Is
made IN favor Of the constifufionality
Of q Stale statute. No stronger pre-
sumption Is known TO the Law n
order to warrant the courts to de-
clare state statute unconstitnfion
81. the infrsction mus, he clear and
pelpabie.
II must he admitted. however thai
Judge Harrison in his dissenting opin
ioa scores q point WHEN he declare,
thst the Gen raj Assembly OF 100,
ASSUMES the power to prescribe a diff
serest Qualification for vosers fros
thcse prcscrieed BY ibc fsndamruts
law. not osIy IN local c,tion elections