Thank you for visiting SNEWPapers!

Sign up free
Page thumbnail for Sunbury American And Shamokin Journal
Domestic News November 20, 1847

Sunbury American And Shamokin Journal

Sunbury, Northumberland County, Pennsylvania

What is this article about?

The Pennsylvania Supreme Court ruled the new law allowing counties to vote on liquor sales unconstitutional, with majority opinion by Chief Justice Gibson, Rogers, and Bell, dissenting by Burnside and Coulter. Decision based on non-delegation of legislative powers and inequality across counties.

Clipping

OCR Quality

95% Excellent

Full Text

The License Law.—The Pittsburgh Gazette contains the opinion of the Supreme Court upon the late law authorizing certain counties to decide by ballot whether vinous spirits shall be sold in said counties. The majority—Gibson, C. J., Rogers, J. and Bell—decide it to be unconstitutional. Burnside, J., and Coulter, J., dissent. The Court ground their decision upon the position that the Legislature cannot delegate legislative powers to the people; that a minority of the people have not agreed to be governed by the majority in any other manner than that pointed out by the constitution of the State of which they are members; and that the law is unequal and not universal over the Commonwealth. Thus one county may totally restrain the sale of liquors by vote, whilst in an adjoining county the old license law is the only restriction. The majority opinion was delivered by Judge Bell—the minority by Judge Coulter. The report occupies nine columns of the Gazette.

What sub-type of article is it?

Legal Or Court Politics

What keywords are associated?

Supreme Court License Law Unconstitutional Liquor Sales Pennsylvania Judges Dissent

What entities or persons were involved?

Gibson, C. J. Rogers, J. Bell Burnside, J. Coulter, J.

Where did it happen?

Pennsylvania

Domestic News Details

Primary Location

Pennsylvania

Key Persons

Gibson, C. J. Rogers, J. Bell Burnside, J. Coulter, J.

Outcome

the law was declared unconstitutional by majority opinion; minority dissented.

Event Details

The Supreme Court issued an opinion on the law authorizing counties to vote on selling vinous spirits. Majority (Gibson, Rogers, Bell) held it unconstitutional due to delegation of legislative powers, violation of constitutional governance, and unequal application across the Commonwealth. Dissent by Burnside and Coulter. Opinion delivered by Judge Bell (majority) and Judge Coulter (minority).

Are you sure?