Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1902-11-27


leave to withdraw 1t, which was granted.
Senator Emery then moved to amend by
substituting the Battell direct referendum
for the referendum of the majority bill
naming two possible dates for the bill to
take effect. Senator Emery said he
made this motion because he thought a
referendum should be something to refer.
He argued that the Republican party did
not declare for n referendum like that
prepared by the bill under consideration,
but for the reference of the direct ques-
ton which he held was the kind expect
ed by the people, namely direct express
sion of choice between license and local
option and prohibition.
Senator Walbridge of Essex county said
he had been given a free hand to act with
his best Judgment TO carry out the repub-
lean pledge. He insisted that the plank
did not demand a high license bill but a
license measure The minority felt that
the referendum provision of the major
ity bill did not carry out the pledge of
the Republican party to refer the whole
question itself to the people He felt
that there should not be a shadow cast
upon the Republican party. He was
willing to accept the majority report
with one exception and that is the char
acter of the referendum. He disagreed
with those who held that the popular
vote in September was itself a referen-
DUN. as there were other factors in the
State campaign. lie thought there should
be ample time to consider the referen-
dunn.
Senator Stiles of Caledonia county
charged that the ma jority were not keep
ing good faith with the Republican party
and to substantiate his charge he read the
State republican plank and the substance
of the referendum in the majority bill
The plank demanded that the law take
effect upon the approval of the referendum
-
vided that the bill should take effect either
in March, 1903, or December, 1904.
Senator Russell replied to the critics
of the bill. Tepudiating the charges of
lack OF good faith. He was responsible
for the referendum and it was taken
from the referendum of the prohbitory
law submitted fifty years ago. He said
the way in which the referendum was
to be submitted was discussed at the State
republican convention. He believed his
duty was to cast his vote for a rcferen-
dunn he thought to be constitutional. The
form of referendum used fifty years ago
has been tried and tested, that pro-
posed as a substitute has not been tried
In Justice to the committee he wanted
to say that there had been good faith
in this matter. The members said they
had been elected to submit referendum
and the bill was adopted section by sec
tor taken from the different bills pro-
scented to the two branches of the LeEis
laturc. This identical referendum was
adopted unanimously by the committee
Moreover, when the Eattell bill was sub
mitted it contained the Identical rcfcren-
dunn embodied in the majority report. To
gain one vote the minority adopted the
other form of referendum now advocated
by the minority.
Senator Russell said there was no pro-
vision in the constitution empowering the
General Assembly to delegate its lcgs-
latiVc power to the people He quoted
from Judge Redhed to show that the
referendum proposed by the minority
would be unconstitutional. He asked if
the minority wanted to attach rofcrcn
dunn to the hill that would be uncon-
stitutional if the people voted for a
change? This was not what the people
sent them here for. He said the only
ground on which the minority now rested
the conSttutionalitY of their referendum
was the opinion given by Mr. John Young.
Mr.. Young might be absolutely correct.
or entirely wrong. 1t was matter of
opinion merely with him. Under these
circumstances he thought it would be
foolish to attach any referendum OF ques-
tionahle constitutonality to the bill under
consideration.
Senator Emery in Replying to Senator
Russell read further from Mr. Yourg's
opinion ana held that said opinion sus-
the minority's position he said it had hecn
understood constantly that the senators
held Themselves free to vote as they be-
leved on the final passage of the meas
ure.
Senator Stiles quoted from General Nc
Cullough's declaration for the best license
local option law that the wit and wisdom
Of man can devise. He quoted different
papers to show that the present majority
referendum is not what was intended by
the state republican convention.
senator Jackson of Lamoillc said he
favored the majority bill, but he thought
the referendum feature thereof was no
referendum at all. If the people should
vote mo- next January the bill would
become a law just the same. He did not
want to fight this thing all over again
two years from now, when the lines would
be drawn much tighter than now. He
said the reference of laws to the people
was backed up by the opinions of the best
judges in the United States. He believed
made.
Senator Russell said he had faith in the
integrity of the people, and if the people
voted against local option. the next Legis-
ature could be relied upon to carry out
the will OF the people
Senator Walbridge emphasized the in
cxpedicncy of keeping this question open
two years hence and said this issue should
not be permitted to become entaneled in
the next national campaign in this state,
thus inJuring the prestige of Vermont as
the State that sets the pace for the ma
tion
Senator Russell said he was not origin.
ally I'm favor of making the date of the
vote in January. but that date was favor
ed by member of he present minority,
and was adopted.
Senator Jackson Of Lamoille thought
We would not get a fair expression of the
people in January If the roads were not
broken out lie thought the people would
expect to be out at the March meeting
and fair expression would be secured,
Senator Spencer of Windham county
argued that if the amendment was adopt
ed it would place the republicans of the
Senate squarely IN line with the declara .
tons Of the State republican platform.
He thought the people should have until
March to consider this important ques-
ton.
The amendment was lost by vote Of
10 to -,
Senator Emery then moved that the
date for the vote on the referendum be
changed to May from January so that
All the voters could get to the polls. and
he called for the yeas and nays. Senator
| Russell thought the question should be
settled before May, and at least before
March meeting so that the people could
vote at their annual town meetings on
the que stion of license and no license. He
sHid in May 1t would be very muddy and
the farmers would be very busy.
The amendment was lost by the same
vote as was the previous amendment.