The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-02-20
'PINION OF SUPREME COURT
ON REFERENDUM.


On these grounds we are OF
the opinion that, under the
constitution, no legislative act
can be so framed as that 1t
must derive its efficacy from
a popular vote. To be valid
it must leave the hands of the
legislature complete; not in
the sense that it must go into
effect at once, it is true, but it
must at its birth bear the i'm
press of the sovereignty and
speak the sovereign will. If
it contain within itself con-
dition or a contingency sus-
pending to some future time,
or to the happening of some
future event, its obligatory
force as a rule of action or
conduct of the people for
whom it was intended, that
contingency or that event
must be one selected by the
sovereign power as one, the
happening of which shall rem
der it Immediately expedient
that the suspension of the
power inherent in the act
shall cease, and that it shall
at once become operative as
rule OF conduct for the gov
ernment of the people, OBJ
viously, If the contingency se-
lected be the favorable vote
Gef the people who are to be
E9 lsg gbilat
Vote which makes the statute
efficacious as law, and not
the antecedent will of the
legislature, the constitutional
law"making power. 1t is said
in some of the cases that the
vote is the effect of the law,
and not the law the effect of
the vote; but we think this is
mere play on words, since it
is clear that if all laws were
made dependent upon such a
contingency, representative
constitutional government
would be destroyed.
II is the purpose of our in
StitutiOns, SO far as they con-
Germ legislative bodies, that
the popular will should find
expression in the laws enacted
by such bodies. This is to be
accomplished, however, under
the constitution, by sendin@
representatives to those bod
les whose views upon public
questions are known, and
whose faithfuIness is ap-
proved, and by petition, and
by instructions formulated in
popular assemblies and for
warded to the law-making
power, and by retiring from
public life those who fail to
truly represent their constitu-
ents, and by sending in their
stead others who will supply
what has been left undone,
and correct what has been
: wrongfully done.
Unanimous opinion of the
Tennessee supreme court,
speaking through Chief Jus
tice Neil, holding unconstitu-
tional an act passed with the
referendum feature, as report
ed in 7th Cates.)
Corporations Busy.
The corporation interests in Tennes
zee Wednesday rushed through tn
3rate senate the utilities commissio
oiIl giving absolute authority to tn
Nashville commission to control tn
public utilities Of the state.
The people are warned that II thi
ill becomes law the people Of Mem
1his will, within 60 DAYS after II
have thrust upon them
higher street car fare. a higher ga
ate, a higher electric light rate, an
rs soon as the telephone companies ar
!, higher rate for telephones.
,hIs have Is to pass the city manage
sui olvinu the people the rlqht to con
.rol the public Utilities OF the city, an
I they cannot get fair baruain. the
10 own and operate them for them
selves,
There Is no objection, so far as tn
'ear of the ratification OF the peopl
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