The evening Caledonian. [volume] (St. Johnsbury, Vt.) 1918-1920, 1919-01-24

GOVERNOR CLEMENT !,
GIVES HIS POLICY
ON SHEPPARD BILL
Calls Prohibition a Matter OF
State Rights for Each
to Decide
STRIKES CONSTITUTION
Appears Before Senate COMMITTEES
and Outlines His Policy as
Plain Citizen

Governor Percival w. Clement ap-
neared before the committee ana
smoke at length upon the constitution
al questions involved in the ratiflca-
tion of the Sheppard amendment. In
his preamble he stated that in his
opinion the question did not lnvoIVe
temperance OF intemperance, but was
clearly and sharply defined as tol-
lows:
"F;rst Shall the state of Vermont
continue TO exercise its sovereign
right as a state to regulate its inter-
nal affairs according to its own Judg-
raent. or shall it voluntarily relinqulsh
rights which have hitherto been con-
sidered inherent and exclusive to the
state and submit to having its inter
nal affairs regulated from outside the
state?
Second If Vermont is to relln-
ouish such rights, shall it be done by
the method proposed, the result OF
which, should it not prove satlsfae-
tory. could not be altered?
."Third Shall the legislature Of
Vermont relinquish the rights of the
people without their consent or ap-
proval?"
He declared that the proposed
amendment invaded the rights OF the
people of Vermont because Article
of the Declaration of Rights of the
Inhabitants of the State of Vermont
provides "That all men are born
equally free and Independent, and
have certain natural, inherent and un-
alienabIe rights, amongst which are
the enjoying and defending life and
liberty, acquiring, possessing and pro-
tecting property, and pursuing and
obtaining happiness and safety" In
other words, the liberty to exercise all
a mans activities so long as he
does nothing to interfere with the
rights of others.
He referred to Article V of the
Constitution as follows:
'Article V provides that the people
OF this state by their legal represen-
tatives, have the sole, inherent, and
exclusive right of governing and reg
ulating the internal police of the
same The@sentence, 'by their legal
representatives was not included in
the original Constitution of 1777 but
was incorporated later"
In calling attention to Section 6 OF
Chapter II of the Constitution he en-
phasized the inhibition, which states
"But they shall have no power to add
to, alter, abolish, or infringe any part
of this Constitution"
The Governor argued that by this
reservation the people retained to
themselves all power to change the
Constitution. "They did not grant tc
the legislature the power to alter
abolish, or infringe any part of that
Constitution. The legislature could
do certain things under i as the legal
Representatives of the people, and
among those things was the regula-
ton of the internal police Theaues-
tion of the manufacture and sale OF
intoxicating liquors is one of internal
police regulation"
The Governor argued that, while
the legislature could regulate, it hao
no power to change or had no power
to delegate q change in the Constitu-
ton to any other agency.
"The legislature had the right there.
fore to pass the prohibitory act Of
1852. Nevertheless, before that be-
came effective it was referred to the
people of the state for their approv
al
Fifty years later, in 1902, wher
the local option law was passed BY
the legislature, it also was submitted
to the voters for their approval.
"Again, in 1915, when the PER-,
Act, so-called, which in effect rescind
ed the local option law, was passed by
the legislature, it was submitted t.
the vote of the people,"
Governor Clement argued thai
while the proposed amendment wa.
not addressed directly to the Consti
ution of Vermont, in effect it accom-
pllshed an amendment because i
takes from Vermont the right to reg
uiate Its own internal police.
The Governor quoted Section 68 O
tne state Constitution which prescrib
ed the method for making an amend
ment and declared that it was the in
tentlon of the people to reserve t,
themselves the right of direct vot,
on such amendments. He said, "Thi
evident intent on the part of the peo
pie can be made effective by this leg
Continued on page 81