Barre evening telegram. (Barre, Vt.) 1898-19??, 1902-10-29
A REFERENDUM IS
UNCONSTITUTIONAL
Hon. John Young Gives An Able
Address Before Vermont
Bar Association

eminent to the present time there
have been very few attempts by the
Legislature to relieve itself Of the
final responsibility for the enact
ment OF such laws as the wi, dom Of
the Legislature determined to be for
the best interest of the people.
While 1t may be claimed that the
statutes of 1846 and Of 1852, relating
to the traffic in intoxicating liquor,
each was sustained by our Supreme
Court, upon the ground that It was
not delegation Of a legislative au-
lhority to the people.
The only way for the people 70 re-
gain any part Of the legislative power
legitimalely must be by an amend
ment OF the constitution. For the
legislature to delegate this power to
the people to be exercised by them en-
masse or through the ballot box or for
the people to arbitrarily and forcibly
resume any part OF this power Of their
own motion, must be revolutionary.
While the General Assembly has
never attempted to delegate any part
OF its legislative po Wer to the people
of this state, il the scope of their &C.
tion is to be finally determined from
the decision OF the Supre ue Court
heretofore made, the people themsel-
yes are now demanding the right to
exercise the ultimate legislative fun
ctions In determining the policy OF
this state in reference to the traffic Of
intoxicating liquor.
Mr.. Young here quoted the referen-
dunn planks IN the republican and high
license local option platforms, and said
about so, 900 of the voters of this state
nave endorsed the referendum propo-
sition contained In these platforms.
II Fer words about 10000 out Of
about 10000 of the voters Of this state
have claimed the right, in themselves,
by their vote at the ballot box. to ex
ercise the ultimate legislative power
in determining the policy of this sta e
in controlling the liquor tratfic-3l 1854
voters request this privilege to be
granted to them, %, 2Ol voters de-
mand it as matter Of righJ.
There is nothing uncertain in either
OF these two propositions. II you
take the lair and usual meaning OF
the language used in each, the one
requests and the other demands, for
the voters of vermont through the
ballot box, the right to veto or ap-
prove whatever act the Legislature
may see fit to pass, upon this su bject.
viii it be waste Of time for US to
consider the constitutional problem
raised by these propositions?
The judicial question involved is
not new. In different phases the
Question of the referendum has been
before the courts Of several of the
States and has resulted in great d.
versity of judicial opinion. Highly
drawn pictures Of the dangers likely to
result from pure democracy and sub
tie reasoning will be found In the opin-
ions adverse to the referendum. On
the other side will be found great con-
tidence in the theory that ultimately
and after due deliberation, the ma
jority of the people will vote right
upon great questions of public policy.
Ingenious, plausible and convincing
arguments tend to establish that a
referendum, properly framed is not a
delegation Of legislative power bit a
law conditioned to become operative
upon the happening Of certain con-
tingency provided for in the act it's
elf.
From my examination | am led to
conclude:
First-That by the fundamental
! theory of representative govern.
ment, and oy the express provisions OF
the constitution of this state, legisla.
tion cannot be exercised by the people.
Second-Thas legislative power can.
not b, delegated; that it can be exe,.
cised only by the General Assembly
and in the mode designated in the con.
stitution.
Third-That law enacted in any
other mode or by any other authority
than that prescribed in The consiitu
tion is void.
Fourth-That the great preponder.
ance, in number Of judicial decisions
and opinions, held that to submit the
expediency Of enforcing Ia general Law
to the voters OF the whole state in any
form is unconstitut tional.
F1fth-That majority Of tht