The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-02-19

rotary OF tho Commonwealth TO make
and certify TO tho Governor q state
ment OF tho number OF votes cast for
ind against prohibition. and the Gov
crncr shall forthwith Issue proclama-
ton and call attention to Its effect
under this act" Friends OF the bill
claim that this meets constitutional
objections to Il referendum without
constitutional authority. The law nam
Ing power Is vested in the General
Assembly. and tho General Assembly
now in session. II is claimed. Is OK
crcissng it's constitutional power In
passing a prohibition bill. which Is to
take effect In n certain contingency
that contingency being that n majority
shall vote for It on specified date.
Those Who May Vote.
One OF the generally discussed and
least understood provisions of the bill
Is the clause as TO qualification OF
voters in the special election Tho fol-
lowing persons only are qualified to
vote under the terms OF tho net:
"All persons who were qualified to
vote at the regular November cleo
ton. SIS. and AL other persons who
arc otherwise qualified and have per-
ronallr paid al least six months prior
10 the second Tuesday In June, 1914,
AL state poll taxes assessed or AS
years next preceding the year
1911. and all such other persons who
shall become of lawful ago at Il time
when no capitation tax was assessahle
against them for the year 1913. and
shall thereafter register by reason of
becoming Ct lawful age pr's- to the
date herein fixed for the holding OF
said election
Each person circulating = petition
a a e.
oath that lie personally saw each Of
the subscribers personally sign his
name thereon. and that each OF the
petitioners was legally qualified to
sign the petition to the best of his
knowledge and belief. Petitions so
certified by oath OF the person circu-
lating them are TO be filed in the clerk :
office OF the County or Corporation
Cour, where The voters signing reside
and the court clerk shall certify to
the Secretary of the Commonwealth
the number OF rames appearing on such
petition iilcd in his office. When the
Secretary OF the Commonwealth has re-
oeivod from clerks of courts certln-
Gates showing that tho number OF
voters required by The act have petit
toned for an election, he shall certify
the fact TO the Governor, who shall
within ten days order tho election
Shall Proclaim Prohibition Law.
In the event Of the majority In such
election being for Statewide prohibi-
lion, without further Legislative ac-
. ton, the Governor shall issue n
proclamation, and on and after No
vember l, 1916. il shall be unlawful
Tor any person, social club, firm or
corporation to manufacture for sale,
sell or purchase for sale, transport
Tor sale, dispense or otherwise dispose
OF any spirituous, vinous, fcrnented,
distilled OF malt liquors or intoXicat-
Ing bitters, except for medicinal
scientific, sacramento or mechanical
purposes.
Exceptions, which 1t was frankly ad-
initted were put OH the bill to gain
votes IN the Senate and which the
proponents OF the bill have announced
they Will ask tho next General Assem-
bly, to correct by amending the bill
after the people have voted, and before
IL has taken effect, include wine and
Its by-products other than brandy, and
beer OF not more than - ner cent
alcohol. which may DO manufactured
by any person, firm or corporation now
engaged in such business, provided tn c
products are shipped outside OF the
State 10 some point where they may he
sold legally. This clause has been
sharply attacked on the ground that II
creates a monopoly for those now in
The business, and guarantees them
against competition. leaving the own
crs OF vineyards at the mercy Of exist
ing wine cellars as to the price at
which they must sell their grapes A
further exemption is that nothing in
the act is to lie construed as amend
ing the present laws on the subject O (
the manufacture and sale Of cider.
which allow its sale up to 8 per cent
alcohol.
New Form of Legislation.
me legislation is of a character new
10 virginia statute books, and the au-
thoritics agree that there are doubts
us TO its validity. Friends OF the bin
point TO the general practice OF the
courts in resolving such doubts in favor
OF the evident ntention al the General
Assembly ia legislative matter, and
IN favor of the wishes OF "A majority
In the case OF an election. Besides the
charge OF monopoly raised by Mr. White
and the doubt as TO the legality OF the
passage In the Senate, over which both
sides presented extended briefs 10 the
Governor, the main ground OF conten-
tlon before the courts Will be the al
tort OF the General Assembly to effect
an Initiative and referendum without
constitutional authority. a plan for
an Initiative and referendum amend
inents TO the Constitution is now pend.
ing, but several members have ask ed
whether. If the General Assembly could
submit this matter, ii could not legally
submit such other questions as tile
people had expressed desire TO vote
Upon, without further constitutional
authority.
How Can It He Amcudcd.
one OF the dcbatablc points is how q
law enacted by the people at the polls
can be amended. Those who claim ,but
inns - mere act of the present Gen.
cral assembly. to take effect under Ger.
tain contingencies, hold that It may be
repealed on amended by any subse.
auent session--that this body canno,
tic the hands OF the next General As.
hembly Others hold that if the people
exercise the lawu!aking power. ONLY
the people can alter or repeal the leg.
islation--that Is TO say. that it VIII bt
necessary 70 submit 10 q second cleo.