Bradshaw v. Lankford

Robinson, J., delivered the opinion of the Court. By the Act of 1890, chapter 629,-the question whether or not the taking of oysters by scoop or dredge, within the waters of Somerset County, shall be prohibited, was submitted to the voters of certain election districts of said county; and, should a majority of the votes cast be in favor of the prohibition, the Act provided it should be unlawful for any person to take oysters by scoop or dredge within the waters of said county. The question before us is whether this statute is a valid exercise of legislative power; or, in other words, whether the Legislature had the power to submit such a question to the voters of the districts named in the Act, and make the operation of the Act depend upon the contingency of a popular vote. ⁴³⁰ Now it can hardly he necessary to say that, by the Constitution of this State, the power to enact laws be- . longs to the General Assembly, composed of the Senate and the House of Delegates; and this being so, it is a well-settled principle of constitutional law, that the power thus delegated cannot be redelegated to the people themselves. Our' government is a representative government, and to the members of the General Assembly the people have confided the power to pass such laws as they, in the exercise of their judgment, may deem best for the qmblic interests; and they have no power to substitute the judgment of others in matters of legislation for the judgment of those to whom this sovereign trust has been committed.

But, fundamental as this principle may be, it is subject to certain qualifications, some of which are well recognized, both in this country and in England. No one questions the power of the Legislature to charter municipal corporations, and to confer upon such corporations the power to pass laws and ordinances in regard to matters pertaining to local legislation. And it seems to be quite well settled, in this country at least, that not only may the municipal authorities themselves pass such laws and ordinances, but the Legislature may refer laws in regard to local affairs to the voters of the municipality for their acceptance or rejection. Cooley on Constitutional Limitations, 144, and cases referred to in notes.

Upon the same.principle, counties, although not possessing the general powers of municipal corporations under special charters, are regarded as quasi corporations, and it seems to be well settled that questions of local concern, whether, for instance, a county seat once located shall be removed elsewhere or whether the county shall subscribe to a particular improvement, these and other like questions of local legislation may be referred to the ⁴³¹ voters of the county for decision. Commonwealth vs. Judges of Quarter Sessions, 8 Penna. St., 391; Call vs. Chadbourne, 46 Maine, 206; Commonwealth vs. Painter, 10 Penna. St., 214; Slinger vs. Henneman, 38 Wisconsin, 504; Goddin vs. Crump, &c., 8 Leigh, 129 ; Bridgeport vs. Housatonic Railroad Co., 15 Conn., 475 .

Upon the same principle, too,.it