The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1903-01-21
LII " An RIGHT.

Bennington Jan. 1.-THE decision of
the judges of the Supreme Court or
Vermont to questions on the refer
endum propounded by Governor Nc
Cullough, was received by His Tx
cellency the Governor at 6 30 last
evening, and Immediately given out to
the press. The decision removes any
possibility of special session of the
Legislature before the referendum.
Following is the letter of the Gov.
ernor to the Supreme Court judges
Bennington, VT, Jan 10-1903.
To the Honorables John W. Rowell,
James M. Tyler, Loveand Munson,
Henry II. Start, John II. Watson
Wendell p. Stafford, Seneca Hazelton,
judges of the Supreme Court The
General Assembly at it's last session
adopted act No. Ga entitled can act
to Regulate the Traffic in Intoxicating
Liquors. " There have arisen grave
doubts as to whether or not and to
what extent sections 100, 101, 1902, and
103 of said act are now in force
Among other officials one of the Sc
lectmen of the town of Shelburne,
whose duty it is to take part in the
execution of said statute. asks the
Governor If said section l0l is now in
force. In the performance of and in
connection with the discharge of his
duties it is incumbent upon the Gov
ernor to answer the inquiry. Under
the Constitution it is the duty of the
Governor to take care that the laws
be faithfully executed and to expedite
the execution of such measures as may
be resolved upon by the General AS
sembly.
In view of the Importance of the
question intended to be submitted to
the voters under the provisions of said
act, the Governor is now considering
the necessity of calling a special SEES.
sion of the General Assembly to enact
such legislation as will remove any
question as to whether or not said sec
lions are now in effect. The Governor
deems that the interests OF the State
demand and therefore in accordance
with the provisions of section 1856 of
the Vermont statutes respectfully re-
quires your opinion and answer in
writing upon the following question
of law connected with the discharge
OF his duties, to-wit:
Whether or not and to what extent
sections 100, 101, 1902 and 103 of said
act are now in force and effect?"
heSpeCllully,
JOHN G.. MCCULLOUGH,
Governor of Vermont.
The findings and reply of the judges
follows:
TO His Excellency. John G.. McCul-
Tough, Governor of Vermont:
In answer to the foregoing COM
munication under the date of January
10, 1908, stating that your excellency
in the discharge of your duties, in
considering the necessity of converting
the Legislature, and requiring our
opinion whether, and to what extent
sections 100, 10l, 102 and 103 of No. GA
of the acts of 1902, are now in force
and effect, we have the honor to say
The rule is that in constituting stat
ute all its provisions must be consid-
cred in order to ascertain what the
Legislature intended, that thing
within the evident intention of the
statute is as much within the statute
as though it were within it's letter.
Upon careful reading and considera-
ton of said act we think it was the
manifest intention of the Legislature,
by the last clause of section 100 to
make the sections named in that
clause take effect upon the passage of
the act, and that intention must have
included the clause itself to the end
that the entire act might be submitted
to the voters of the State to decide
whether it should 60 into effect Oh the
first Tuesday of March, 1903, or be
postponed until the first Monday of De-
cember, 1906.
Section 10l expressly requires the
officers of towns and cities to call
meetings of the legal voters therein to
be held on the first Tuesday of Febru-
airy next, "to express by their votes
their Judgment and choice in respect
to this act' and all necessary direc-
tions for counting and canvassing the
votes the certification to the secretary
of State and his proclamation of the
result seem to be provided for in sec
lions 10l, l02, and 1903.
Therefore we are of the opinion that
all of sections 100, 10l, 1902 and 1903 are
now in full force and effect.
Dated at Montpelier, this 18th day
of January, A. D., 1903.
JOHN W. ROWELL,
Chief Judge.
JAMES NJ. TYLER,
TnVET A NM MITNGON