Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1902-11-14
The Referendum:

Editor of the HERALD -
One of the most pertinent questions
before the committee on temperance is
the question of the referendum, how and
in what form shall it be submitted to
the people? Logically the last section
of the proposed bill, discussion of this
all important phase of the subject, has
been avoided. We have not tried to
cross the river until we get there. 1t is
evident, without formal discussion, that
a wide difference of opinion CD this point
prevailed in the committee. Many sup
posed that the submission of a license
local option, or any other Jaw, directly
to the people for their acceptance or re-
lection was unconstitutional and yet
believed that was the true form of refer
endum.
Last Thursday evening Hon. John
Young of Newport, leader of the Orleans
county bar and president of the Vermont
Bar Association, discussed this impor-
tant question at public meeting in
Representatives hall before the joint
committee on temperance. MIR. Young
did not offer an opinion on the question
but cited cases where it had and had not
been held in conformity with the Con-
stitution. While the majority Of the
courts of last resort observed the same
opinion, that the referendum was uncon-
stitutional, yet the logic was on the side
Of the dissenting judges.
He referred to the 26th Vermont Re.
ports, and spoke of the great ability Of
Judge Isaac Redfeld, who said that it
was complimentary to the legislature to
let the people decide for themselves
whether or not they wanted law, and
whether or not they were in a condition
and able to enforce it. My conclusion
said Mr.. Young is this: referendum 10 "
properly framed which affects the people
of whole State may just as well be
submitted to the vote of the whole State
as local option law may be submitted
to town to say whether it will have Ii.
cense or not in that town. / say that nc
distinction of principle can be drawn be-
tween the two propositions. 1t is con.
ceded by all courts today that local op.
ton law is constitutional whether it re.
lates to the sale of liquor or to any Other
question.
Mr.. Bailey of Newbury Intercepted
Mr.. Young as follows: 81 would like
to ask the gentleman if he considers
either form of local option to which he
has referred, the vote by towns for the
acceptance of a measure or the submit
ting of question to the whole people Of
the State,-if he considers either form
constitutional ?" Mr.. Young replied
To-day the decided weight of authority
by the courts of last resorts in this
country is in favor of the legality and
constitutionality of local option law
that is, acts depending upon acceptance
or rejection by the voters of a section Of
the State. That class Of legislation to
day is held constitutional by the major
ity OF the courts of last resort in this
country"
A referendum of this kind is what the
plain people of Vermont expected and
desired. A referendum which compell
prohibitionists to vote either for license
law to go into immediate effect, or to g
into effect at some future time unless re
pealed by the next legislature, is yer,
uncertain and unsatisfactory proposition
and altogether too complex to be readil.
understood by the average voter. Oh