New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-09-25
VERMONT LIQUOR LAZY SUSTAINED.

TIE Supreme Cour. OF Vermont, through Chief
Justice Redfold has just given judgment in favor OF
the Constilutiousli;y OF the Prohbtory Liquor Law,
of that State, assaled he ground Of i.s susmis-
sion 10 the People. The vas that of the STATE
against Parker for the lega sale of Liquor, and vas
carried up on appeal. The decision OF the Court is IN
substarce AZ onOws;
"REprIELD, J-,After noticing certain objections
which ere taken to the form Of the Indictment aud
overiuhe them II is made question, whether tne
statute came in force in March or December. In
BapcyO's " Dsmds 2l VI, L was held NJ objection
that the Operation Of u law might be ssspended by
tbe EXPRESSED will of The people. In the statute OF
1916 the very vital principle OF the statute,
whether licenses 10 limited extent or prohibition,
shouIa be the law was submitted TO the people. In
this statute nothing was suomitted except the tma
at which II should go into operation. Far e-s was
made dtpendent upon the will of the people hero,
tban in he statute of lSIs. Between March and De-
cember the operation of the statute dd depend upon
the contingency of the vote OF the people. But IN
both cases we think this vo,y proper discretion 20 bs
submitted TO the will of the people In the statute OF
1s46 there was submitied 90 the people only ques
ton of discretion 10 granting licenses generally.
Sucb discretion had always rested in the civil author
ity; and if the Legislature had inc power 20 repose
that secretion in the civil authority, il would De Won
derfu if they might not submit the same ques ID
the whole people They may submit % the whole
neope an, question which they have power n submit
10 any subordinate branch OF the people. IL proper,
i'm quee of general policy To submit questions of
the general expedency of the law to the people. Ii
the session were of sufficient length, the question
might DO submitted during its contnuance and
if not of sufficient length, there Is no objection
70 inserting a provision that the coming in force
of the ay shall depend upon the expressed opinion OF
the people Legislation upon these SUBJECTS almost
universally made TO conform to the expressed VIII Oh
the people especially in respect to county and town
lines Congress frequently enacts laws depending
upon A contingency as 10 the existence OF speciied
foreign and navigation laws and no question
hes been made as 70 the propriety OF so DONG
The New.IOrk Courts, in regard - their school Law,
enJeayor 10 distinguish between ordinary contingent
cies and the expressed will of the people by general
suffrage. But such distinction Is Elusive The con-
tngency should have some connection with the opera-
ton OF the statute. And in THIS case, the contingency
in respect TO the time, deferrng the coming IN force
of the hw TO date subsequent "a the next session,
was not only proper, but highly commendable. In
the Michigan case, the most cogent Argument put
forth against the law is that the Legislature neverde
clared that the bill should become law until 1870
which gave the bill frivolous aspect. That looked
more Ike evasion OF responsibility by the Le2sa-
ture than any thing in the statute of this State Here
the Legislature determined the question of expedien
cy, and prov ided that the law should come in force
in March; and il no meeting OF the people had
been held, it would then have become Law. This
distinguishes the from that in Michigan. IL Is
admitted by all that law depending upon general
contingency is valid. IL Ia falacious TO attempt I'd
distinguish between that and the contingency OF
popular vote The policy of license OF prohibitory
law depends upon the state of public feeling upon the
subject and il s perfectly proper for the Legislature
by any proper mode to ascertain that condition Of
things They may adjourn, to await the action %
the people they may provide, hore for the moda
of ascertaning that feeling, and defer the operation
of the law dependent upon that feeling until after
another session Of the legislature In all great moral
questions of this character the efficacy OF the law
must depend upon the state Of public feeling; and
that should be ascertaned by petition or other in-
termediate mode, as in this case
Judgment against respondent and fine imposed
for four Olfenses."