The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1919-02-22

STATES, IN winch me people OF TINS
country and this State have much
interest both in tbs choice of The in
dividual and the stability of his tenure
Of office as to require the utmost eau
ton in the exercise OF the elective
franchise. Beth the national and
State governments should exercise
the powers which respectively belong
TO them, according TO a fair and prac-
ticai construction OF the rights OF the
State and the rights OF the United
States, for they arc essential TO the
preservation cf our liberties and the
pe1petuity CT or Institutions.
The constitution and laws OF Yer
mont treat the elective franchise as
q sacred trust committed only TO that
portion OF the citizens who come up
70 the prescribed standards Of quail
hcation, to be exercised by them At
the time and place and in the man
ner prearranged by public law and
proclamations
Vermont was the FIRST new State
admitted to the Union, and il came
in under constitution which con
feTred The night OF suffrage only up
CT men
n prescribing the qualification of
voters for candidates to elective OF
ficers in the State and national gov
ernments. the right to vote is re
strlcted to freemen.
Pursuant to the power vested in /
by the Constitution of the Unitef
States. the Legislature OF Vermont
has provided the manner in whicf
. the election Of electors OF presiden
and vice-president shall be held, and
since the adoption q the consiitu
! ton, that instrument alone has speei
/ fed the qualification Of voters
such election. Presidential electors
have been vcted for in Vermont since
the admission OF the State into the
: Union at every election. by voters Tor
whose qualification to exercise their
( suffrage we must look TO the consti
4 tuition. and to that alone II is
fundamental principle CT law that the
constitution Of State, framed by z
convention elected for that purpose
and adopted by the people, embodies
their supreme original VIII, and
wherever the constitution has pre-
scribed the qualifications Of electors
they cannot De changed or added 70
by the legislature otherwise than by
an amendment to the constitution.
The constitution OF Vermont from
which the Legislature derives its pow
ers, in prescribing what those powers
shall be. adds this express prohibi-
ton They shall have no power to
add 10. alter abolish or infringe any
part OF this constitution" lChap. IL,
: Sec Gl Il follows that the constltu-
= ten. having determined what the
= qua 'lncations OF voters for presiden-
tial electors shall be, the Legislature
can pass no act which shall add TO-
alter or abolish any Of those quallh
cations. | am advised that. for this
reason. 5. S. inasmuch as il under
takes to add 10 the qualifications q
= vbters for presidential electors pre-
= strihed by the con stituticn, Is uncon
T. stituticnal and beyond the power OF
I the legislature so enact
ID IS no answer TO the foregoing e
: urge that the qualification of voter'
+ as provided in nc constitution ex
{ tends ca'y 10 tie Offices created by
g the constitution, for the reason tina
+ in their action az the several PM
! Dental elections from 1891 to thl
present time. tire people Of the Statl
i have ed the restrictions OF tn
: constitution IN reference to the eXer
e else OF this suffrage as applying L
E voters for presidential electors
0 In this Tespeet, if the question o
e The right OF the legislature wer
+ doubtful. il would be q sufficient rea
S sen Tor not Passing this bill
t. seems eminently appropriate tina
c the people ~ the Stale, through thei
=. consultation. should determine tn
# qualification Of voters for Offices 3
o the national government and 10
q those who are to choose the chic
, magistrate and yice.president of &.
c United States. II is more properly
d part of the permanent supreme law
r than a subject for an act of the Les
{ islatuie. which may be repealed q
any time, either during The same se'
o sion of its passage, or any subsequen
i session: which may be the result q
q wave OF popular enthusiasm O
e hysterica impulse, instead OF III
c mature product OF the considerat
II Judgment OF the years required 70
p the adoption OF constitutions
d amendment The present is a tim
h Of abnormal conditions. Nothin
S seems sure. Nothing Is settled.
a is difficult for the most calm al
e sober mind 20 realize the actual sitl
i aticn and form satisfactory c0nclul
: ion as to the legislation needed to II
lioye The existing chaotic unCeriaint!
whether in matters Of finance, Of il
dustry, of education, Of labor or {
government The time appoim,C
by the constitution (Chap. Il, Set
6S) for the proposals OF amendment
to the constitution IS very near, an
II would seem wiser TO postpone rad
cal action in reference TO the eleci'
rate of Vermont until that time Ia
arriyed. Il may be noted, too. tina
should this action Of the Legislator
he held invalid as beyond its powe
our sale may be deprived OF vote
IN the election OF tho next presidcr
G.. the United States.
Perciyal w Clement
Governor