The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-03-04
ENABLING ACT IS
BEATEN IN SENATE
CONTINUED from First page.)

! From the report 1t is fair to assume
/ that the only reason for the adverse
| report is because the bill IS uncon-
| stitutionnl. No doubt 1t would have
! been reported favorably If constitu-
! tional.
This question of the bills being
| unconstitutional Is belated. 1T has
| taken IL two years to arrive. 1t ~
found Unconstitutional now For the
/ first time by some ingenious gentle
! man who never thought of 1t before.
! The committee takes that view.
"Jf that view is sound, the bill
! should not become law. 1 VIII go
/ further and say that IL there Is any
| doubt as to it's constitutionallty the
! bill should not be passed by the SEN
! ate.
II am afraid this is n very violent
and unwarranted assumption. have
been trying through the whole SEES
sion to uphold the Constitution. but
| have been lonely. A few weeks
ago / ventura to deliver my views in
the case of Commonwealth against
treasurers and commissioners. About
thirty-fiye Of forty Judges We're not so
jealous.
Weapon For Enemies Only.
IL am reluctant to confess that the
Constitution is regarded here as
weapon to use against enemies, but
harmless in the hands of friends.
Il desire To welcome the seven
members OF the Committee on Privi-
leges and Elections on my eide. i
am delighted to receive them as re-
cruits to the Constitution. 1t Is de-
lightful to know they have become
zealots, and. being recruits, they Will
be doubly Jealous.
at NAV be the zeal st. Paul talks
about, which he said comes from fg-
norance.'
Taking up the constitutionality OF
sl4e-l,4l4, Mr. W a+kcr declared the
principle of referendum was not n
new one in the Legislature of Viz
gnia. The General Assembly. he said
was familiar with 1t in dispensary
laws, local option laws and bond is
|
ut would appear to an ordinary
man not versed in legal technicali-
ties" said Mr.. Walker, that the Leg
islature could submit to the people
when conditions demand any change
In existing laws or statutes. 1t would
seem TO an ordinary man that the
people WHO sent us here could decide
81 question as well as we.
1T is the same question as the
principal and his agent. One can
act without the other or they may
| act together.
IF the people who elected us
thought we had no right to submit
the question, they could easily vote
! it down, and there il would end. II
they thought they did have the right,
! they could confirm 1t and be dis
| pleased 1t does not look unreason-
able from the ordinary mans view
point"
Reading from section 81 Of the
/ Constitution that says the Legislature
! shall have full power to- enact laws
affecting the sale and manufacture
Of liquor. Mr.. Walker emphasized the
! word full.
| Now it is commended" he said,
| that the Legislature has the right
| to enact liquor laws but has no right
! to submit them to vote OF the peo-
/ pie because this is 81 representative
| government. There is no difference
| between this and local option laws.
! Now for what reason was this provi-
| sion put in the constitution
/ Has Full Power.
Here Mr.. Walker read from a copy
! of debates on tAluor laws in the con-
/ stitutional convention of 1902 in which
! able lawyers agreed that the Legis-
4 lature already had full power with
ont any further constitutional provis-
/ ion. He read from II supreme Court
1 decision to show that the section
VAS put in the constitution in the form
/ it was to emphasize the fact that the
] Legislature has full power.
7 II do not know" the speaker said,
whether the State has reached the
i time when public sentiment does not
want liquor sold. | do know that
even now in Norfolk. Richmond and
Roanoke public sentiment is against
the barroom
j. Meeting a contention that the Legis-
lature may not enact laws to be con-
firmed by the people, Mr.. Walker
quoted from Judge Cooley's work on
constitutional limitations. He read
the part that says laws must not nee
essarily become effective Immediately
) after enactment. This means" said
Mr.. Walker. that the Legislature can
say that a liquor law may become eff
fective at any time provided 1t is
4 confirmed by the people of the State
ut will not he questioned that the
Legislature may enact laws allowing
/ the people to vote upon questions d.
dectly affecting them. In regard to
many measures 1t will he conceded
that the Legislature may provide that
legislation may not take effect until
a specified time
Concluding, Mr.. Walker cited the
New York school law case used by
advocates of the Jordan act in debate
I in the House.
God deliver us from such vicious.
delusive and damnable legislation
exclaimed f. c. Folkes, who followed
MIR. Walker.
Says Prohibition a Failure.
/ Mr.. Folkes dwelt on the popular
bromide that prohibition will not pro-
| hibit. He declared that Senator Wat
| kins, of Chesterfield. has been bull
dozed by the Anti-Saloon league adj
vocates of the hill. he declared. had
been aereful to make it effective after
the administration of Governor Mann
1t will be notices." said Mr. Folkes,
that in Governor Manh's message he
did not urge that this law decoine
effective in his regime. Yoa want to
throw its enactment into law later
than that.
You say this Is moral question.
IT is, but is more than "a government
al problem. The eDmocratic party
has endorsed the principles OF local
option The sole issue is what IL the
best way to deal with the liquor pro-
blem. The Anti-Saloon League in
Norfolk three years ago said In It's
PLATFORM; The adoption of local option
| mas brought much glory to Christ :.