Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1902-08-07
WOULD A REFERENDUM BE
CONSTITUTIONAL

the theory that the state OF Vermont is
a republic, and not a democracy; that
under the constitution the members OF
the general assembly are the only law
makers, and that even if they should
refer an act of their own passage TO the
voters for acceptance or rejection be-
fore becoming operative, such action
would be in contravention to the con-
stitution, and such an act 50 accepted
would fail in the legal test.
We are not competent to discuss this
question. But an easy and safe way
10 avoid trouble Of this kind would be
to follow the same course by which
the present prohibitory law was sub
mitted to the people in 1888, The leg
islature Of 1862 passed a prohibitory
act, with a clause providing for a
plebiscite or vote OF the people. But a
peculiarly OF this clause was that the
vote was taken, not on the question OF
the act itself, but as to when il should
90 into effect. II the yes vote car
ried, the act was 10 20 into effect
March i, 1858 if the mo- vote was the
larger, the act was to 90 into effect
December 1, 1858. By a narrow
margin, the act was sustained and
went into force March lst
In reality, this was a square referen-
dunn, for it was understood that if the
negative vote had been greater than
the affirmative, the legislature, which
met annually then, would have re-
pealed the act OF - before December
/, 1888. In this way, the constitution
al objection was overcome.
In this connection, the following is
the opinion OF the Hon Jonathan
Ross, eX-chief judge of the Vermont
supreme court, on the eonstitutionality
of the referendum, given in reply to
inquiries made by a representative of
the Vermont Woman's Suffrage associ-
atom
Il suppose what is proposed by the
resolution OF the Vermont Republican /
is an expression OF opinion |
on the subject OF high license and |
local option in preference 10 the pro- |
law. The people cannot en- /
act nor repeal law by direct vote /
That must be done through the legis- 4
lature. lfthe legislature desires to /
obtain their views on any subject fur 4
Their than it is expressed through the I
members OF the legislature, it can do .
so in any manner it may select, to all 4
the voters, or to all the people TO be /
thereby, OF certain age. III
think the women OF age ought TO be /
as much as the men. As a i
rule they are more seriously affected /
by the drink habit of the men In my (
Judgment the bottom cause of more /
than halt the divorces, with the dis
astrous family results following, come
from the husbands drinking Many
crimes and much poverty come from
the same habit.
In 1852 the form of referendum
used was this: The legislature en-
acted the prohibitory law, to take et-
feet the following March, if the ma
iority OF the voters in the state so
voted, at meeting to be held, think,
in February. Ii the majority was
against its taking effect then the law
was not to take effect until after the
next session OF the legislature so it
could repeal the law in accordance
with the wishes of the majority. 1t
lies entirely with the legislature to de-
-ermine TO whom it will submit the
question to obtain the views Of the
people. A strong petition to the legis-
Iature to have the women have the
right to express their views with the
men would be entirely proper, in my
view
According to Judge Ross view, the
would have no binding
orce, nor could such vote affect in
my way the making or unmaking Of
aw. Judge Ross supposes that the
Republican platform merely calls for
IN expression OF opinion by the peo-
Die on the subject. In this he is most 1
decidedly mistaken. The purpose of
he platform is to have a local option
'ct framed and passed by the legisla-
ure, but that it shall not 90 into effect
until the people give it their endorse
nent in preference to prohibition. by
| direct vote upon it. That's what the
platform says and means. So far from
providing for mere expression Of
opinion the Judge cannot have noted
hat just such proposition as this was
BADLY beaten in the convention.
Holding the view he does as to the
arcical nature OF the referendum. it is
lot strange that Judge Ross thinks it
would be legal and proper to let the
women vote on the question, as well as
he legal voters. But this is wholly /
beyond the purpose and intent of the
party declaration, whatever else might
9e said OF 1t. II the party means TO