The Referendum in America Together With Some Chapters On the History of the in

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State, 2 Iowa, 165.
ON STATUTES OF GENERAL OPERATION 205 tober i, 1 88 1. In August, 1881, however, the sense of the electors was to be taken upon the question of prohibition. If at this election a majority of the votes cast were " against prohibition ", then no person was " to be prosecuted or pun- ished for any violation of this act ". Without using plain words, this was nothing less than a positive repeal of the law, if the people should vote against it in the referendum.
It is difficult to
...draw distinctions, in fact, even if these should be possible by appeals to technicalities of language between such cases of law-making by popular vote, and the actual redelegation of power by the legislature, which all students of our law and institutions declare to be a wholly invalid proceeding.
Another referendum for which no specific authority had been derived from the constitution, was that taken many years ago in California on the question of selecting a " per- manent seat of government " for that State.


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