The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-18

people or OF any portion OF them upon
measure directly affecting them. and
81 n given number be found In favor
OF it's adoption, to enact a law there
upon carrying II into effect. And there
would seem to he but little difference
in substance In reversal OF the pro-
cess by fret enacting the INV In nil
It's parts. but providing that It's oper-
alton is to be suspended until Il be
ascertained that the requisite number
OF the people to be affected by Il were
in favor OF Its adoption"
And again on PIP. 80 and 81:
Now, If the Legislature may make
tho operation of Its act depend on some
contingency thereafter to happen. or
may prescribe conditions, IL must be
for them TO Judge In what contingency
or upon what condition the act shall
TO prescribe any they may think prop
en-; and IL the condition be that n vote
OF approval shall first be given by the
people affected by the proposed meas
urc. IT is difficult to see why 1t may not
lee az good and valid AS any other con-
dltion whatever" :,
Bull VS.. Read is referred to and quoted
eapprovingIy In re Savage VS. Common
wealth, So Va, page 619 where Lewis,
president on page CPL. says: I'VE sup
pose, however, il is based on the idea
that the act delegates portion of tho
legislative. power which Is vested by the
Contribution In the General Assembly,
and IS. therefore. void But this is q
mistaken Idea. The act Is complete IN
Itself and merely prescribes conditions
Rpon which the sale OF Intoxicating
/liquurs may be licensed or prohibited
altogether. In other words. IL pre-
ccriAp> q police regulation, and leaves
I; 10 popular vote to determine, not
whether i, shall be lawful or unlawful
70 sell Intoxicating liquors 5ut whether
license shall! be granted or not This.
undoubtedly. II is as competent for the
Legislature to do as to leave II TO the
county and corporation courts to deter
mine whehcr or not licenses shall bo
granted. or to confer upon n munl-
Clpal corporation the power to regu-
late the sale OF liquors within its own
limits. or TO adopt other like police
regulations for Its government The
case is not distinguishable In principle
from Bull W. Read. 10 Graft. u.s."
LocnI Option Elections.
The local option statutes. chapter 90,
Code OF Virginia NSS7l. providing for
The calling and holding OF local option
elections in counties. districts and
cities, makes the granting of licenses
directly dependent upon the vote of
tho people. The enabling act is sim
ply an extension of the Same principle
TO the larger unit of the Stato--embrac-
ing practically the language of the To-
cal option statutes.
If anything moro were needed. 1t
could be found in section CO OF the Con
stitution, referred to above, In which
the Constitution goes out of it's way 10
emphasize the full power of the Legis-
lsturc to enact any other laws con-
trolling, regulating or prohibiting the
manufacture and sale of Intoxicating
liquors"
Third. IN reference to the third OBJ
jection--iamely that the vote on the
conference report was not that re-
qured by the Constitutional Is to be
noted
(a) That unless this bill creates or
establishes new office" or creates.
continues or revives q debt or charge.
or makes, continues or revives any APP
preparation of public or trust money
or property, or releases or discharges
or commutes any claim or demand of
the State, or which imposes, continues
or revves n tax" 1t did not. under sec
ton 80, require In the Senate twenty
one affirmative votes on it's passage.
and OF course It could not be contended
that II required twenty one affirmative
votes TO adopt the conference report
II Is confidently submitted that there
is nothing in the bill which brings it
into the class OF bills provided for in
That part OF section 30 above referred
TO-
II is contcnded that che bill in terms
'~''i'tS u tdN l'pM amounting 10 tDbul
100000 n year." and Furthermore I'm
noses on every county and city in the
commonwealth n charge for the eX-
pense of conducting special election.
and provides for payment of certain
ices to clerks, shcritfs and others"
Claims II RENTS No Tax.
There is nothing in the section of
the Constitution quoted above which
refers to ''remitting q tax; the nearest
approach TO such language is releases.
discharges or commutes Il claim or de-
mand OF the State or which imposes,
continues or rcvivos tax
The bill clearly does not impose.
continue or revive "a tax. nor can 1t by
any reasonable Interpretation lie said
ito release, discharge or commute any
claim or demand OF the State"
The state has no claim or demand"
on any citizen IT, Pay money into the