Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-11-12

discriminates against the products Of
other States though its design may be
the furtherance of an object properly
within the police power, is an infringe
ment Of the exclusive power OF Congress
to regulate interstate commerce and
therefore invalid
EFFECT OF PARTIAL INVAL1D1TY.
If. contended, this statute is un-
constitutional in the respects indicated,
what is the effect where tho respondent
is indicted under the section containing
the invalid parts, and demurs to the In
dlctment for that reason?
In State vs. Kibling. the question Of
the effect of partial nvalidity OF the
prohibitory law WAS considered. 1t was
there held, in substance. that while the
prohibitory law was unconstitutional as
to certain class Of sales which might
be made, 1t was valid as to that class
of sales which tho evidence In the Gaze
showed that the respondent had made
and therefore that the conviction must
stand.
If this he sound reasoning. we contend
that the court may with propriety recur
to the following, as facts whereof judicial
knowledge may be taken:
I. That this statute owes its present
force to the fact that a maiority of the
freemen of this State decreed that IT
should take effect the first Tuesday Of
March, 1903.
2. That large per cent Of the freemen
Oh the first Tuesday of February, 1903,
consisted of the class especially benefited
by ono feature OF the act viz. farmers
who raise sufficient apples to make a bar
rel of cider; and that all of the freemen
were directly Interested in tho exclusion
of the cider and wines of other States.
J. That prior TO the first Tuesday Of
February. 1908. there was a pronounced
adj f-ar
mon in this state that the restrictions OF
the prohibitory law, with reference to the
sale of cider, were unnecessary, unjust
and contrary to public policy, and that
this feeling was entertained particularly
| by many of those whom this act exempts.
Other considerations might be suggested
but these will answer for the purpose OF
the argument Add to these the potency
of self-nterest as a factor in the guide of
human action. and it Is clear almost to
"a demonstration that this act would not
now be in force but for the exemptions
indicated.
If it can be seen that the invalid parts
of this act formed any inducement to its
/ adoption. the whole act must fall.
In tho recent case of State vs. Shedro
this court held. on demurrer that thf
penal section of the peddler law was un'
constitutional. because another section
exempted resident soldiers from the pay
me MT of tlle lee, ana So lHe TeSpoHutl'
was discharged. The section containing
the exemption was more clearly scpar-
able than are the invalid features of the
license law. as 1t was no part of the orig
lnal act. but was subsequently engr2ftcd
I thereon by amendment.
That this case is of unusual interest Is
shown by the fact that the supreme court
room was filled as it has not been this
| term while the arguments were bong
made chief Judge Rowcll ruled that
as the case came to the suprcm'
/ court on 'murrer the respondent necc
! not be present. In the lower court Haz
/ elton Was fined $500.
| The case of State VS.. G. Constantine
| from Caledonia county. in which the con
| stitutionality of the license law because
| it fixes no maximum penalty for infrac
/ tions of It's provisions * involN ed. was
morrow morning
The Orange county chAnccry case o
| r. II. c. Reynolds vs.. burton :. Hooker
was argued tins forenoon by D. :. Conan
| for the plaintiff J. y. Pickett. Smith ano
| Smith for the defendant.
Chief Judge Rowcll this afternoon 70,
/ the court dismissed the motion made Yes
terday morning in tho orleans county
| case of Wright n Valley vs.. the Cream
/ cry Package Manufacturing company NJ
! barton. This leaves the casc where I
originally was in Orleans county court. /
is not vet IN shape to bring before su
preme court.
In addition to tho state case rom Gale
dona county. one Orange county case
and thc Chittendcn county case of Joh
!. Mouahan vs.. Edward r. Monahan are
/ vet to he argued before Washington cOun
/ ty cases are reached.