Ex Parte Mitchell

The case presents the question of the constitutionality of the referendum Act of the Thirty-third Legislature, authorizing the qualified voters of any county, or certain political subdivisions of a county, to- determine by an election whether pool rooms or pool halls should be prohibited therein, and making it an offense to there operate or maintain them if the result of the election be in favor of their prohibition.

The constitutionality of the Act is assailed upon two grounds: 1. That it amounts to a delegation by the Legislature of its own legislative power, imposed upon it by the…