Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-10-30

laws contravening any of It's provisions. If
the ma jority vote was In favor of this law.
The majority of the voters were in favor
of enforcing the law.
The supreme court. In an unanimous
opinion. says:
"rhis was no more than providing that
the act should take effect on the happen
Ing OF a certain future contingency, that
contingency being a popular vote in its
favor. No one doubts the general power
of the Legislature to make such regula-
lions and conditions as 1t pleases with re-
| gard to the taking effect or operation of
laws. They may be absolute or conditional
and contingent; and If the latter, they
may take effect upon the happening of
any event which is future and uncertain
| 1t being conceded that the Legislature
possesses this general power the only
question here would seem to be, whether
| the vote of the people in favor of law Is
| to be excluded from the number of those
| future contingent events upon which 1t
| may be provided that it shall take effect
| A similar question was before this court
| in a late case Estate VS.. o Neil. "a WIS. li9)
and was there deliberately discussed. We
| came unanimously to the conclusion in
| that case that provision for vote of
| the ele, tors of the city of Milwaukee In
| favor of an act of the Legislature, before
| 1t should take effect, was a lawful con-
| tingency, and that the act was valid That
| was a law affecting the people of Mil
waukce particularly and this was one
| affecting the people of the whole State.
| There the law was submitted to the vot-
| ers of the city and here it was submitted
| to those of the State at large. What is the
| difference between the two cases! 1t is
| manifest. on principle. that there cannot
| be any. The whole reasoning Of that case
| goes to show that this act must be valid;
and so 1t has been held in the best con
sdered cases, as will be seen by refer
enc TO that opinion.
| 1--WE are constrained TO hold, therefore,
that this act is and was in all respects
valid from the time 1t took effect in No
ember 1856; and consequently that there
was no want of authority for the levy
and collection of the taxes in question:
VERMONT REFERENDUMS.
This subject has been dis, used by judges
of the Supreme Court of Vermont at least
twice.
No II of the acts of lag Of Vermont, ap-
proved November 3, 1916, is a complete law
! In itself. 1t repeats all former laws upon
the subject of traffic in intoxicating liquor.
| 1t provides that 1t shall take effect from
its passage. The question whether the act
shall or shall not go INTO effect, or wheth-
er the law previously existing. shall or
shall not be repealed, is not submitted to
popular vote. The question submitted to
the vote unuef TINS act Is inherent from
that submitted by any other act which |
have examined. Whatever the result of
the vote under this act. license was to be
issued by the county court. " lille the
ballot to be used at the popular election,
was to have printed thereon License or
mo license" the result of the ballot was
to determine only the Kind or extent of the
license to be issued. The subject was sub
mltted to the voters of the whole state,
The vote to be canVassed by each town,
returned to each county clerk canvassed
by him and the whole returned TO the sec
Rotary of state, who canVasscd the vote of
the whole State and made proclamation of
the result This was to be done annually.
The effect of this vote is best shown by
the language of sections - and IA of the
act.
Section 10 reads: "If the ma jority of the
vote so returned throughout the entire
State shall be license ii shall be the duty
of the assistant judges of the several
county courts to grant licenses, in ac-
cordance with the provisions of this act,
to all such person as shall make applica-
tion therefor, and who sustain good moral
character"
Section II: IF the majority of the vote
SO returned throughout the entire State
shall be no license the assistant judges
shall have power to grant licenses only
for medicinal chemical and mechanical
purposes, to such persons only as shall
have been appreciated for such purpose or
purposes by the civil authority of the
town which appreciation shall be certified
~ a,,.,I a,,,hnr,t', CO a,,,raha,irr
I'ndor tbis act ~ ,olicv ~ Tho state
u,as rnada ,,niforr, and in ,ccorda nce with
me ANIMAL nonular vote Of the whole
stote Evorv sortion of mis- act went into
onoro,in,, ana continued in o,Ioratior FROM
H., tim ~ Us annrovad
Section IL read COunpCtiOn with the
ra.t If tba ort oxcar, sn,'tior +, darIarnd
tha, - tha r,aiari,r ms ~ Hcansa ~,
tin,,,,e1 en(,,ld ,ntIori,o 30 ,,,,,,o..,I .,,io
~ Iia,,ar ~, a,,a.,, ,,arso, ~ rood r,oraI
oh,r.,'t,r T.ho asl,dd and ,,td fa. - !;
lI .i,,, 90, H. y, , 49, a',,,oo,i,,
,,.L ~, ,,, - 49, -,
~ ,idod ,Lot - ~ ~, ~ ~
49,, g., ,i,,,sl1 =, ~ uoa,,.' ',,Iis a,,,
,,,(.,, 49,, sI So ,,e,s,,i,Hi 49, 49,
IVA r,,olba,,icai ,,',rnns,s a,,5 'i,. h
n.', ,I ~. ~. 49,. ,,,.. "nN p"'' ~
hh'o ,,,,9ha,,d ~, ,h tha1 i.i, .,'',
,hi,,i ' 80
D'',s. ,.- n,,.- q, ~. arc . l.
- 49, - no. ""o
- :, '-'o"7'. ~ 20 NItoN
ou'S''V W , c''I'''''' III support Va Se"-
eiat 10 1 ~ ~ IL,
~. I'm VI ',i.o "V '''inh WIZ
1o'lfi'ICo H''S '""S.' '''al Is t",iultS 10
III Il" WY supr,,i''cu " vi a'ec'Gu uS INC
PuPul"i N''e, ny tii'c wien ~ Sld'i take
e"cct 10 pps'tiNcis nAeu os the act 10 pe
iitiheuia'e's OH 'ts approval