The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-02-15
Liquor Faction Claiming En-
aiding Act as Passed is I'M
constitutional. Shows 1t Has
Not Given Up Fight.
Lieutenant Governor Ellyson
and Speaker Cox viii Sign
Bill Monday MorningGov.
Stuart Will Look Up Law
Himself.

/ The last bold stand OF the liquor
! faction WAS made yesterds in fnal
effort to kin the enabling act, when
Governor Stuart was asked to with
hold his signature from the bill on
the ground that it is unconstitutional
I from three standpoints. Senator Early.
! of Greene county. a one time consid-
cred a friend OF the bill but who
voted to throw out the conference re-
port. called on the governor again In
regard to the enabling act. holding that
for three reasons he should withhold
his signature.
Senator's Mapp and Walker. leaders
in the senate. were busy all YESTERDAY
afternoon preparing their brief to be
handed to the governor in defense OF
the bill. This brief will he fled Mon
day together with that of the oppo-
nents. Both Senator Mapp and SEN
ator Walker expressed themselves as
confident of the outcome Of the fight,
stating that the bill was both legal
in form and constitutional. as they
had made an exhaustive study of the
matter.
Sufficient evidence OF the constitu-
rionality of the measure has already
been given. and last night there was
ticians and solons in the lobby OF MUIR
phys hotel what the governors action
would be. The best parliam tartanS
in the State have given their opinion.
declaring that the bill passed the sem
ate by legal majority and Is consti-
tutional.
When the bill passed the senate, At
least when it was announced that there
was a tie of 10 and 10. on the confer
enee report, Lieutenant Governor Ely
son, as president of the upper branch.
hesitated not an instant, but cast his
vote with the advocates of the bill.
Lieutenant Governor Eliyson liz con-
sidered one of the best opponents OF
parliamentary law in the State. and
his official announcement that the re-
port was concurred in is taken as an
evidence that in his Judgment, 1t re-
ceived the necessary vote to pass the
measure.
| Clear tip Matter at Once.
| Mr.. Eliyson had nothing to say on
| the subject last night. but II Ia GER
tain that he believes the bill consti
tutional. at least so far its passage
| is concerned. When the matter was
before Governor Stuart yesterday he
declared that he would not have any
hearings on the matter. but would look
| into the law on the subject himself
and determine its constitutionality. He
briefs Monday that the matter could
be disposed of at once.
! The bin will probably be taken to
the governor Monday for his signature
as the enrolment of the bill has been
ordered, and being matter of dis
cussion, it Will be enrolled imm ediately.
1t will be signed by President Ellyson
and Speaker Cox first thing.
The opponents of the measure are
fighting it for three reasons. The frst
is. they claim that 1t did not have
| con Institutional majority when Ii was
passed, that is. it did not have twenty
| one votes of the senators elected. Ac-
cording to their theory. 1t requires
full twenty-one votes Of the senate
composed of forty members, to be con-
stitutional and tina, the vote OF the
| lieutenant governor, except to break
n tie. does not count. as he is not elect
! ed a member OF the senate. but Is
merely president OF that body by his
office as lieutenant governor.
The second claim of the opponents
is that the amendment allowing the
sale of wine and beer in the State
grants monopoly .inasmuch as the
bill declares that only those now manu-
featuring these products shall be al
lowed to operate The liquor faction
claims that this gives an absolute mo-
nopoly to the hreweries and wineries,
which is against both the constitution
OF the state of Virginia and the con-
stitution OF the United States.
Claim II Unconstitutional.
The third and broader claim is that
! the bill itself is unconstitutional. be-
| cause 1t grants a referendum to the
| people to vote on the question. and
the result of .sc election shall be a
law. They say that under the consti-
tuition the power of making laws
shall be vested In the general as
sembly. composed of the senate and
/ the house of delegates, and that this
| makes the question OF delegatfng their
| law making power TO the people inn
/ possible They claim that the people
! of the State have no right TO make
! the laws that shall govern their State,
| that the general assembly Is the only
| power. and this right should not be
violated.
! These objections on the part OF the
liquor faction are being quietly laugh
| ed at Some OF the most able attor-
neys have studied the bill from every
| standpoint, and in no place have they
been able to detect flaw. tn It
the majority of the people OF the
State demand the right to express
| their opinion on the liquor evil at the
| polls is shown by the roster OF the
/, house of delegates. These members.
elected only six months ago. were, for
the most part. elected on dry plat
forms That they know the wishes
! OF the people has been clearly demon
strated in the manner In which they
have voted on the enabling act when
ever that important measure was d.
| fore them. They passed It over
twhelmingiy, rejected obtectionahte
amendments, and adopted the report
OF the conference committee.
| Tho Arsf noint on which the lfduOr