McGonnell's License

Citations

• 209 Pa. 327
• 58 A. 615
• 1904 Pa. LEXIS 621

Syllabus

<p>Constitutional law—Delegation of legislative power—Diguor law—Acts of April 11, 1866, P. L. 658, and April 28, 1899, P. L. 68—Potter county.</p> <p>The legislature cannot delegate its power to make a law; but it can make a law to delegate a power to determine some fact or state of things upon which the law makes, or intends to make its own action depend.</p> <p>The Act of April 28, 1899, P. L. 68, which repeals in express terms the Act of April 11, 1866, P. L. 658, prohibiting the sale of liquor in Potter county, is mot an unconstitutional delegation of legislative power to the voters of Potter county, because it provides that “said repeal shall not go into effect unless a majority of duly qualified voters of said county shall vote in favor of said repeal at an election to be held as provided for in section 3 of this act.”</p> <p>Mestrezat, J., dissents.</p>