Autobiography of Charles Clinton Nourse: Prepared for use of Members of the FamilyNourse, Charles Clinton
History
Autobiography of Charles Clinton Nourse: Prepared for use of Members of the Family
Nourse, Charles Clinton
Iowa -- Politics and government; Lawyers -- Iowa -- Biography; Nourse, Charles Clinton, 1829-
Mr. Cummins made a vigorous canvass of the county, receiving in
addition to the nomination of these so-called republicans, the
nomination of the democratic convention, and by the aid of the
democratic party and the whisky interests of the county he succeeded in
being elected a member of the next general assembly under his
oft-repeated pledge during the canvass to secure if possible the repeal
of the prohibitory law, and the enactment of the license law.
With all these influences, however, operating against the law, the next
general assembly made no serious attempt to repeal the act. By an act
approved January 29, 1857, the legislature had attempted to establish
what was known as local option in Iowa. The act of 1857 provided for
the license and sale of intoxicating liquors in any county of the state
where the people by majority vote of the electors adopted the same, and
by such adoption that the provisions of the act of 1854 would stand
repealed as to that county. Our supreme court held this act of 1857 to
be unconstitutional for the reason that our constitution required that
all laws should be of uniform operation, and upon this subject of
uniformity the court uses the following language:
The sixth section of the bill of rights declares, that "all acts of
a general nature shall have a uniform operation." Constitution,
Article I. Recognizing as we do the distinction between laws of a
general nature and those of a special or local character, we
understand by the "operation" of a law is meant its practical
working and effect. It is not, in our opinion, a sufficient
compliance with the requirements of the constitution, that under
the provisions of the act of the 29th of January, 1857, the
question of licensing the sale of spirituous liquors is to be
submitted to the vote of the qualified electors of all the counties
of the state. Something more is contemplated by the constitution,
in the words "uniform operation." We must look further, and to the
effect of such submission to the vote of the people, and to the
consequences to result from the adoption of the law. The
prohibitory liquor law is a law of a general nature, and its
operation must be uniform throughout the state. Can we say that
such is the case, if it remains in full force in one county, while
it is repealed in others by a vote of the people, and a license law
adopted in its stead? And is the act of 1857, if the effect of it
is to bring about this want of uniformity in the operation of a law
of a general nature, to be deemed constitutional and valid? We
think not.
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