Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1854-09-29

The Temperance Standard of last week con-
tains an abstract o.. Mt decision Of Judge
Rcdlicld, h. which e. iostitutiunality Of
the Prolihitory Liquor i,.s ~ this State was
fully sustained in u ror,u,. concerning
which there has been qucstia
The decision was delivered at 'rat Cir
cult Session Of the supreme { ..J Of Yer
mont held at Ncwimc. The casy Was that Of
the State rs. Parker, of South Roy. ton, for
sundry violations of the law. 1t was tried
in the Windsor County Court about year
ago and Parker found guilty. Exceptions
were taken on the ground that the reference
Of the law to the people rendered it unconst-
tutional. The case was thcruupon argued be-
fore the Supreme Court and decision rendered
last week. The cunstitutonality of the refer
cnce of the law was, it will be seen. fully
sustained. From the imperfect report of the
decision given by the Standard we extract
the principal portion, as follows:
1t is made a question, whether the statute
came in force in March. or December In
| the statute OF lo46 the very vital principle of
| the statute, whether licenses to a limited ex-
!
| submitted to the People. In this statute
nothing was submitted, except the time at
| which it should 60 into operation. Far less
was made dependent upon the will of the
people here, than in the statute Of 1916 Be-
tween March and December the operation of
| the statute d'5 depend upon the contingency
of the vote al the people. But in boih cases
we think this very proper discretion to be
submitted to the will of the people. In the
statute of 1916 there was submitted to the
! people only II question of discretion us to
granting licenses generally. Such discre-
ton had always rested in the civil authority /,
and ii the Legislature had the power to re-
pose that discretion in the civil authority, it
would be wonderful, ifthey might not submit
the same question to the whole people. They
may submit to the whole people any question
which they have power to submit to any
subordinate branch of the people. 1t is
proper, in questions Of general policy, to sub.
init questions OF the general expediency of the
law to the people. If the session were of suf
fcient length, the question might be submit.
ted during its continuance ; and if not oil
sufficient length, there is no objection to in.
sorting provision that the coming in force
OF the law shall depend upon the expressed
opinion OF the people. Legislation upor
these SUBJECTS Is almost universally made tC
''h''i ~ w 'iN Va II'Ssti Will Oh inc people,
especially IN respect to county and towr
lines. Congress frequently enacts laws de
pending upon contingency as to the exist
encr OF specified foreign revenue and naviga
ton laws and no question has ever beer
made as to the prolricty of SO doing. In tn,
Michigan case, the most cogcnt argument pu
forth against the law is, that the Legislature,
never declared that the bill should become {
law until $50, (unless the people 50 voted
which gave the bill Il frivolous aspect. Tina
looked moro like an evasion of rcsponshilIt,
~ the legislature, than any thing in til,
statute OF this State. Here the legislator,
determined the question Of eXpedicncy, AN,
provided that the law should couc in fore,
III March and if lao meeting Of the people ha,
been held. 1t would then have become IA law
This distinguishes the case from that il
Michigan. 1t is admitted 10y all, that Law
depending upon general contingency is val
ld. 1T IS tullacious to attempt to distinguish
between that and the contingency of popu
lar vote. The policy Of Il license or prohibi
tory law depends upon the state of public
feeling upon the subject and it is perfect,
proper for the Legislature, by any proreI
mode, to ascertain that condition Of things
They may adjourn, to await the action of til,
people, OF they may lrn'idc, as here, for tn,
mode of ascertaninG tie feeling, and defe
the operation Of the law, dependent upor
that feeling, until after another session of tn,
legislature.