The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-18

ii II 6upyUitlSu tHAN tHG feSSe&atbtNt
the exercise Of it's discretion TO reg
uiate the liquor traffac In any manne
IL might deem best, could grant TN
power TO sell throughout the Who'll
State TO @ single Individual or cor
poraticn. The granting of a licens
10 an individual In exclusion OF an,
one else constitutes q monopoly. An'
vet this is authorized under our eS
isting laws and is actually done IL
various part OF the State; FOR ex
ample IN the towns of Rocky Noun
and Ciarksville.
Second with reference TO the sec-
and objection, g is submitted that this
principle Of The referendum Is already
= Incorporated IN the laws OF This State
3 FOR example in our local optior
statutes, IN provisions FOR bond IS
sues etc This principle Is clearly
set forth in The opinion Of the court
In re- bUll rs. Read, Graft. page
s. where Lee, J., page s., says
i There IL certainly ma express iuhial-
uoH N the constitution upon the pro-
sisioual mode of legislation adopted
fn This cause GrefeCrins 20 d local oP-
ton statafeb. there q
eotb.ne which directly torbids The leg
t>satu~e &c make TIE operation Of an
p. sct GCpFuaeut upon the vote OF fhe
aeopla thereafter te be taken or other
auture contingency The objection.
auvcver ls that F. is Inconsistent Win
nc fsprt4srr ts.slNe principle and the
rheor-, ~ ea= cg4ernn 1c,rt. IN trans
<srrIve rhe u.v4r ami dizzy of making
tht }aw directly g. .he people or a
portion az th5fs ard tAuS relieving the
re9resertatv4 body boz: tE,ir proper
auEy and t-ss responsible
Referendum VALID.
II WI ~; he questioned that Il Is
80. .'. -,
10 ',-..'@ 81
@.f f1+ 80 80 q"
"a NO. ~, 1''' .t''- ~ ~ '.'l
- 80 - 80
80 So 80 ''
- - - f.., -
49," 40 '.~1 '.+.'' -
ss's'L.f .t ~ '> ['-'t g. 't' q -' 9"l -.
'% ,....,..t~ , X. "a
tl a. ~ i'e'' . -''t y. NN .'',. '.l,,t
-. 80 -. -, ~
1900 go d,
N' - N 49,. - 49, 90
''' -'1'N' '' ''S
AnG AGAIN on %. 80 and Fl:
ow II the legislature may MAKE
the @p"3hi'en "t us act depend on
some contingency her after 10 hap
pen, or may prescribe conditions. t
must be for them % Judge IN what
contingency or uPau What condition
ire act shall take effect They must
s. have tile power To prescribe any they
may think proper, and, u tho con-
dlfton be That vote nf approval shall
drst BE given by the people affecfe /
ty the proposed measure. If is diff
scGlt 10 see why IL may not be 81
good and valid As any other cuud5-
ton whatever
Bun vs.. Read Is referred So and
quoted approviuely in re. Savage KS.
Com monwealth, 81 Va, =. Gls- where
Lewis. p, on p. 625, says: We sup
pose, however. IT is based on the
idea that the act delegates a portion
Of the legislative power which Is vest -
ed by the Constitution in the general
assembly. and is. therefore, void. But
his Ia mistaken idea. The act is
complete IN itself, and merely pre-
scrihes conditions upon which the
sale OF intoxicating liquors may be IL
censed or prohibited altogether. In
other words it prescribed a police
regulation, and leaves il to Il popular
vote to determine. not whether u
shall he lawful or uuis wful To sell
intoxicating liquors, but whether IL
cense shall be granted or not. This,
undoubtedly, II is as competent for
he legislature 10 do as to leave IL 10
he county aud corporation courts tc
determine whether or not licenses
90 shall be granted, or 10 confer upor
municipal corporation the power Il
regulate the sale Of liquors within It's
own limits, or to ADOPT other like po-
lice regulations for It's governme mt
The case is not distinguishablc in prin.
ciple from Bull VS.. Read, 3 Graft.
fs.'
Dependent On Peoples Vote.
The local option statutes, chapter
rs. code of Virginia 1IS87), providing
for the calling and holding OF loca
option elections in Counties districts
and cities. makes the granting u
licenses directly dependent upon the
vote OF the people. The enabling aC
Is simply an extension Of the same
principle 10 the larger unit or this
State. embracing practically the Ian
guage of the local option statutes
If anything more we're needed, i
could be found in section 62 of thu
constitution. referred TO above, II
which the constitution goes out of IT.
way to emphasize the full power OF
the Legislature to enact amy othei
laws controlling. regulating or pro
hibiting the manufacture and sale o,
intoxicating liquors"
Third In reference TO the third Oh
lection. namely: that the vote on tbs
conference report was not that re.
quired by the constitution, ii is to bt
noted.
That unless this bill creates OF
establishes 81 new office" or "creates