The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-23
Quotes From Cooley,

beat
Quotes From Cooley.
Approaching the question Of the
right OF referendum In a represen-
tative government, and reading from
Gooiey's Constitutional Limitations
Judge Williams struck heavy blow for
the constitutionality of the proposed
referendum In the following words or
that master lawyer of the English
speaking world:
1T 10 worthy of consider ation,
however. whether there is anything
In the reference of a statute to
the people for the acceptance or
rejection which Is inconsistent
with the representative system Of
government. To refer 1t TO the
people to frame and agree upon
statute for themselves would be
equally impfacticablc and incon-
sistent with the representative
system: but to take the opinion
Of the people upon a bill already
framed by representatives and SUBJ
mitted to them. 10 not only practi-
cable. but Is IN precise accordance
with tho mode In which the Con-
stitution of The State Is adopted
and with the action which II
taken In many other cases"
MIR. White interrupted to declare
that the present act was not law
framed as intended to be described by
the quotation read. but that under the
Jordan bill the people themselves were
framing the law.
Judge Williams declared that the
Legislature was framing the law.
There was considerable cross-firing
between the gentlemen finally resulting
in the chair again interfering ana
directing the gentleman from Giles TO
proceed.
Mr.. Williams declared that the gem
tleman from Rockbridge had attempt
ed to raise great hurrah ABOUT a
great deception on the pubic. Two
years ago the Strobe bill had neen
printed in fun In tho Richmond VIZ.
einian. and beside that ten thousand
copies OF the measure had been print
ed and sent out so that the people
would know what the measure provio-
ed. Again the day after the JORDAN
hill was introduced the Vtrginian had
/ printed IL word for word. MOI only
that but DR.. Cannon had come before
the House Committee on Privileges
| and Elections, In the presence OF one
of the largest audiences wnicn hao
! ever gathered In the hall OF the fouse
! and openly discussed the question Oh
| the constitutionality or tne nisasuie "
or ~ want to say that ] nave never
eaen a mea sure that WAS more thor
ourhIy and openly placed BEFORE tine
/ peonie.
| This bill had identicaliy the same
uro,is,ous in Ii as the STROBE Dill eX~
cept as to the sale of. liquor Tor meo,.
nira, and mechanical purposes. ] toiu
the gentlemen two years ago ira.
could vote for the bin which contain
ed a provision that wniskey coota DC
sold by u licensed druggist on a pre-
scription from licensed physician ~
every incorporated town. But II tnat
were the law every town would have
81 doctor who would be selling pre-
scriptions at % cents apiece.
HIVE it Anyhow, hut--
Some Of my friends arc or~osed 10
the sale of LIQUOR. but say that the
people are ~oing to have anyhow. Ger
tainly.
The peopio will have certain
amount OF strychnlne, and arsenica
auinine and opium. When the gentle
men come>here and amt that the sale
of whIskey Is an evil II becomes the
duty OF the LEGISLATURE to minimize
that evil az far as possible. When We
do that thev saw thar we are interior
Ing with the rights of the American
people. Upon the same princf~1e' they
would say that the CONGRESS OF the
United States shall not interfere with
polygamy IN Utah.
They say that there liz no clamor for
this measure. The churches are clam
ortnv for 1t. The mothers and fathers
OF the State are clsmorinx for 1t. Just
the other day the Farmers Union met
tn I.vnchburg and adopted unanimous
rrnolptie<-s that we pass this bill. Have
they been deceived? Have they been
fooled? tell you that this 10 no
time TO discuss technical'ties. The reo-
ME are demanding a God given right,
the greatest right known to civfliza-
tion--the right to settle this question
for themselves.
In conclusion I would saw this In no
child's play. The people demand the
RIGHT to put out Of the State a condi-
ton that Is demoralizing social. moral
and business conditions
Members Explain.
Mr.. Oliver arose 10 a question of
personal privilege when the ~~ntle-
man from Giles concluded. He de-
clared that the amendments which he
had offered had been simply to make
the bill conform to the petitions which
werc before the members. These Pc
titions he declared asked for a vote
on Statewide prohibition while the
terms used in the bill was for license
and against license. He denied ui-
terror motives In attempting to have
the bill amended In this fashion.
Mr.. williams disavowed any inten-
ton to reflect upon tho gentleman.
and declared that II In the course
Of tho debate Ing i1s6 made NEG Of any
expressions rejecting upon the mo-
tives Of any Of the members. ne de-
sired 70 apologiss and withdraw the
= ~. weaver moved n. pending
susseieps hpt Nfthdrsw ~ q give