Bennington banner and reformer. (Bennington, Vt.) 1903-19??, 1903-01-22
THE COURT
UPHOLDS 1T
-S
License Law Provisions as To the
Referendum Are In Effect.
AS LEGISLATURE WANTED
Supreme Court Holds That the Intent Of the
Legislature Made Effect the Same As
fit Contained Provisions.


law declaring the provisions provid-
ing for the referendum in full force
and effect at the present time as the
Legislature intended. The questions
asked by the governor were as fol-
lows
Bennington, VT, January 10, 1903.
To the Honorables John w. Rowell,
James M. Tyler, Loveland Munson,
Henry r. Start, John Il Watson,
Wendell P. Stafford, Seneca Hazelton,
Judges of the Supreme Court
The General Assembly at its last
session adopted Act number Ga entitled
Gan Act to regulate the traffic iu in
toxicating liquors"
There have arisen grave doubts as
to whether or not and to what extent
sections 100, lOl, 102, and lO3 of said
Act are now In force.
Among other officials one OF the
selectmen OF the town of Shelburne
whose duty it is to take part in the ex-
ecution OF said statute, asks the Gov
ernor if said section 1Ol is now in
force.
In the performance of and in CON
nection with the discharge of his
duties it is incumbent upon the Cover
nor 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 ex-
pediate the execution of such measures
as may be resolved upon by the Cen
eral Assembly.
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 ofcalling special ses-
sion Of the General Assembly TO enact
such legislation as will remove any
question as to whether or not said Sec
tions are now in effect.
The Governor deems that tie inter-
ests of the State demand, and there
fore in accordance with the provisions
of section 1906 OF Vermont Statutes,
respectfully requires, your opinion
and answer in writing upon the fol-
lowing question of law connected with
the discharge of his duties, to witt
Whether or not and TO what extent
sections 100, 1Ol, lO2 and los of the
said Act are now in force and effect?
Respectfully,
John G. Mccullough,
Governor of Vermont.
The courts opinion is as follows
To His Excellency, John G. McCul-
Tough, Governor of Vermont.
In answer to the foregoing commun-
ication under date OF January 10, 1903,
stating that your Excellency, In the
discharge OF your duties, is consider
ing the necessity of convening the leg
islature, and requiring our opinion
whether, and to what extent, sections
100, lOl, lO2 and 1O3 of No. 81 of Acts
of 1902 are now in force and effect,
and have the honor to say
The rule is that in constituting a
statute all its provisions must be con-
sidered 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 its letter.
Upon careful reading and consider
alton 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 en-
tire act might be submitted to the vot-
ers of the State to decide whether it
should go into effect on the first Tues
day of March, 1908, or be postponed
until the first Monday of December,
1906.
Section l0l expressly requires the
officers of towns and cities to call
meetings of the legal voters therein
to be held on the first Tuesday of Feb
ruary 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 certifcation to the Sec
retary of State and his proclamation
of the result seem to be provided for
in sections l0l, l02 and 103.
Therefore we are of the opinion that
all of sections 100, 1O1, 102 and lO3 are
now in full force and effect.
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