Windham County reformer. (Brattleboro, Vt.) 1901-1906, 1902-08-22
REFERENDUM
UNCONSTITUTIONAL.
NOT ONLY OPINION OF HIGH AUTHORITY
BUT SUPREME COURT HAS so HELD.

BUT SUPREME COURT HAS so HELD.
OF Any Enactment Whose Vital Point is Made
Conditional Four OF the Present Judges
Have Followed This Doctrine in Still An
other Case Republican Platform Promise
Only Trick to Get BY Election Men Who
Drafted Knew 1t Ex Gov. Stewart Clfal-
lenged to Say Over His Own Signature That
He Believes 1t Constitutional The Plain
Duty of Every Citizen Who Believes in Local
Option-Has the Chance Now That May New
er Recur Under Our System OF Representa-
tionWill He Be Buncoed Out of 1t With
His Eyes Wide Open!
The writer in his addresses last week
about the county declared the referen-
dun proposition of the state Republi-
can platform to be a trick. known 10
be such when framed, and designed
only to get our ring msrulers safely
bevond the next election, with the
practical certainty that the courts
would hold any such conditional enact
ment to be unconstitutional under Art
3 of the Amendments which vests the
supreme legislative power in the
Senate and House Of Representatives
He quoted Judges Wheeler and Ross
10 the same effect. Messrs. McGet
trick and Moloney, TWO among the
ablest lawyers of the state, at Montpel-
ier Tuesday evening. took the. same
ground with elaborate and conclusive
argument Mr.. Moloney challenged
ex-Gov Stewart, chairman of the com
-, |, .1,tf g.
say over his own signature that he him
self believes il constitutional. Stewart
is silent
The subject is beginning 10 attract
the attention it deserves and the peo-
pie to realize what great bunco game
Is being attempted 10 play on them
The MCCULLOUGH spellhinder- are all as
silent as Stewart. They dare not face
is f. H. Deavitt. who in letter to
the Montpelier Journal proceeds TO
quote a decision of the supreme court
and by emitting what was decided
pretends to make out a case.
The truth is that not only has the
array of great lawyers and Judges this
year declared such a referendum as is
proposed unconstitutional, but the
legislature and the supreme court
have both so held This ASPECT Of the
nuastion was pyhaustiyely discussed
in 1852 when the urohibitorv law was
first enacted, with the result of a gen
eral conviction that no law. dependent
for its substance on a referendum vote,
could stand the lest Of the constitu-
tion 50 the difficulty was sought to be .
avoided by taking ~. s. )ulac gote on
the date when it should 70 into effect
if that vote was ''yes' the date should
be March 80: if no the date should .
be December '53, which would afford (
we teiel"t"le ~ ILI ihSalt't'i'e "H W
poI .Ini', .o eP'"I 5t'l,1 ,Ng az, ',.Lo..h;n
ms na9 aiW a. r''C" ,L " ~, 't'' 80, o,,'s
aiitoun a. Su ~ W. Hut II
~ 'noto - He ~ ~ ~,
lact IIae YnI ie"eoIl VI i.'"s "'oNs ~ nit
atuun" az tiIe llHtg, va ,lI t
4uio 1..' III CTh' lI1ion 'i". a .e"t ~
N'itI h,I - - 80, Il
wban casa STATE We Parker oith
vermont was broueht before il on the
claim that such a referendum as was
taken-on the date merely-made il nm
The court held that
his was not sufficient to inralidate II
and sunnorted its view with eyt4nded
reasoning which Mr. Deavitr quotes
Rut II also held-whicb Mr. Dpayitt
1n,i+s to nuo+a.
,,,u .ho oo,s,;.,,.;o 1oor.
is,ative mower in the general assembly co1-
sistinq nj the honse ii renresentatives and
Tho senate and II the mode nj nroceedinp is
N giving Legislative mower 10 the
naonIe AZ Iarse n is mo doubt in conflict
with tbe constitrtion
Ca,,,,ora tbis NTH Tho ,.r,,,oaoI of
ba Pa,,',h1icar ,,Istforn, and tba tr;cl,
lac,,,,ds a,.;Gan+ ~ = l,Iannn,
We request the state legislature at Its next
session TO make provision Tor ascertalning the
viii OF the people by direct vote upon the ac-
,eptance or rejection oil Incense and local op- i
.ion law regulating the sale OF intoxicating ]
liquors. and further providing that upon pop !
llar vote IN favor OF such law, duly aseer- /
aimed, the same shall be and become statute !
aw OF the state in force
If other evidence i desired turn i
,ack TO the proceedings of the Repuh- /
lean convention, when all amendments !
ookinr to a referendum that would i
stand. for taking a mere opinion of 5
he people. or on a date. or ANYTHING
If the kind, were summarilv voted )
lown. The prohibitorv plunderers ;
knew exactly what they were about.