Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-01-23
rticle 9Th of the Constitution Of YER

herent, and exclusive right of governing
and regulating the internal police of the
same"
A portion of the oath required of all
members Of the Legislature reads as
follows:
Nor to consent to any act or thing
whatever. that shall have tendency
to lesson or abridge their (people's)
rights and privileges as declared by the
Constitution of this State"
The claim is that the adoption Of the
proposed amendment be in effect the
surrendering to the federal government
Of a portion of the police power" of our
State as established by the 9Th article
of our Constitution. and that to vote for
such a surrender would be a violation Of
the oath above quoted
1t is apparent that such construction
of our State Constitution would effec-
tually prevent our Legislature from vot-
ing on the amendment. II a vote were
taken, the members would be compelled
to vote against it. In other words, the
question Of the adoption Of the amend
ment would be determined by our State
Constitution and not by the Legisla-
ture.
The constitution Of the United States
provides that proposed amendment
shall be passed upon by the Legislatures
or ~ fha OF
gress may propose. In this case Congress
has proposed that the amendment be
passed upon by tho Legislatures Of the
several States, as already stated in these
columns.
The Federal Constitution in article VI
also says: This constitutional. shall
be the supreme law of the land, and the
judges in every State shall be bound
thereby. any thing in the constitution
or laws of any State to the contrary
notwithstanding.
There can be no question whatever that
II our State constitution contains pro-
visions attempting to restrict or alter
the method of amendment of the feder-
al constitution. such provisions are I'M
constitutional and null and void as being
contrary to the United States consti-
| tuition.
If our Safe constitution can lawfully
control the adoption of this proposed
Amendment by our Legislature. it could.
of course control the adoption Of any pro-
posed constitutional amendment. But
consideration and adoption or rejection
of proposed amendments by methods
which must be strictly followed. rather
than others which the people Of any par
ticular State may desire to follow.
The Federal constitution says in ef.
feet that this proposed amendment shall
be ratified or rejected by the Vermont
Legislature. Those who contend that
their oath of ONCE prevents the members
from voting for it say in effect that this
proposed amendment has already been re-
being passed upon by its Legislature! 1t has
been rejected by our State constitution; ;
the Legislature is expressly forbidden by
our constitution and their oath to adopt
the proposed amendment. Such state
ment of the case is sufficient to show the
absurdity and unconstitutionality Of this
construction Of our State constitution.
AS a matter of fact article 5th of our
State constitution should have and al
ways has had quite different interpre-
tation. Our Supreme Court and its judi
ges have explained the meaning of the
article in several cases. Chief Judge Red
field, one of the greatest of all our SUI
preme Court judges in one of his greatest
opinions has defined article 9Th Of the
State constitution as mo more than the
enuncation of General principle appli-
cable to all free s." viz.-that within
the limits prescriL>.. by the Federal and
State constitutions our Legislature has
perpetual. sole and inalienable power to
legslate for the protection "of the lives.
limbs, health, comfort and quiet Of all
~ within the State" (Thorp v. r. & B.
r. r. Co. q VT. 140-149). This power of
the Legislature is called the police pow.
er" of the State.
Article 9Th of the State constitution Ia
merely a warning to all private or NUM-
cpal corporations and individuals that
any grant of any right or power by the
Legislature is subject to being recalled
or abrogated by the proper exercise Of
the "police power by our Legislature
. and that all rights and property within
the State are held subject to the con.
, troll of the Legislature under it's police
power, when such police power Is prop
erly called into action.
In other words, article 9Th Of the STATE
constitution is merely a statement o.
certain powers OF government inalienably
, and, within its proper sphere. solely ant
, exclusively inherent in and any sover
eighty. viz:-that the State except as lin
tied by the federal and State constitution
may make and enforce laws for the health
1 safety, morals and well being of its PEG
r pie. and that all property and individ
Y ual rights are subject to such laws.
, 1t will be helpful in this connection t
0 read the opinion of Hazeiton, ]. in tn