The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-17
CURRENT COMMENT
Status of Enabling Act.

Status of Enabling Act
Whether the enabling act, which has just
passed the senate and house OF delegates, will
become law remains to be Governor
Stuart is being urged to veto the measure upon
grounds which, while reaching to the merits of
its main objective. yet according to the conten-
ton of some. affect its validity. While can
didate for governor Mr.. Stuart Is said to have
declared that he would sign a Statewide sub
mission act. If il were legally passed and re-
sponded to the test of constitutionaity. Hence
1t is likely that the governor will be especially
careful in scrutinizng the objections that are
now being advanced reasons for the employ
ment Of the veto power This, however. would
be the duty Of Virginia's executive, whether he
had been careful to specifically prescribe con-
ditions such as Mr.. Stuart outlined when a
candidate. or not.
The first question to be raised by the oppo-
nents of the enabling act involves the sufficency
of the vote by which that legislation passed the
senate. 1t is assured by Senator Early and
others that under Section so of the constitu-
ton no bill creating a charge upon the public
revenues, or RENTING a tax can become law
unless and until receiving majority of all the
members elected to each house; that the en-
abling act comes within the purview of this
constitutional requirement; that the enabling
act received the affirmative vote of but nineteen
senator's which is not majority OF the senate
that this objection applies to a conference
port well to the bill when put upon Its
passage because the conference report changed
the bill it first passed the senate-and that
therefore it was Improperly declared to be
adopted.
OF equal interest and Importance is the attack
made upon the constitutionaity of the provision
in the act, which permits such persons firms and
corporations engaged in the brewing or
vine business, to continue their operations under
the restrictions that in the event the State goes
dry, they shall not ship their products within
the boundaries of Virginia. or within the ter
ritory of any dry State. Hon. Hugh White, in
debating the conference report, maintains that
n
breweries and wineries in operation in
definite right to continue their business, while
denying the right of other citizens to embark
in tsat industry 1t provides monopoly condi-
ton which contravenes sound public policy.
the bill of rights and the constitution. why
allow a man who has wine cellar in Norfolk
inquired Mr.. White. in emphasizing his conten-
ton, Ito continue in business after this act takes
effect, and yet prohibiting me from starting a
wine cellar in Norfolk? Why give the brewers
now in operation. a monopoly and prohibit the
I establishment of competing plants % AS fur
Their sustaining his view. Mr. White quoted the
fourth section of the bill of rights as providing
! to the effect that man set of men ia en-
/ titled TO exclusive or separate emoluments or
privileges from the community" Section g.
clause IL, expressly says continued the Rock
bridge member. that the general assembly shall
not enact any local, special or private law regu-
4 latng labor trade, miBng manufacturing.
Breweries and wine celares are manufacturing
plants. You can't give this privilege to some
J
liams answered: Il consider the bill constitu-
tional. Section e. Of the constitution gives the
right to adopt ANY other laws controlling reg
fularly or prohibiting the sale OF liquor" 1t
was further urged in reply to Mr. Whites ar
Eument that If there is any doubt about it,
that doubt will be resolved by the courts in
Favor of the people, according to the majority
| vote this issue
/ The point was not raised on the floor Of the
/ house, but we have heard it insisted, that even
| II Mr.. Whites contention be sound with respect
| to this particular provision of the BILL the fact
would not necessarily operate to vitate the
entire measure; that the courts might, as they
II often do with respect to other laws declare a
H particular section thereof invalid and thus Vim
| dictate the right of any citizen who might be
I prejudiced under its terms while not otherwise
| disturbing the operation of the general statute
BE this as it may, hope that the doubts
/ thus far suggested with respect to the validity
OF the BILL will be resolved as promptly as pos
/ sIble. and in way that will fully conform
TO the requirements of the constitution and the
ends of justice.-Lynchburg News.