Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1920-07-15

session of the Vermont Legislature to
ratify the federal amendment, for woman
suffrage. and in a formal proclamation.
made public to-day, gives his reasons
therefor.
lie calls attention to the fact that the
present Legislature was elected before
the question of ratifying the federal
amendment had arisen. that the people
of Vermont have had no opportunity to
express themselves in regard to the dues-
ton and that the proposed federal amend
ment clearly invades the constitution Of
Vermont.
Governor Clement proposes that the
matter be taken up by the Legislature
of 1921 and urges the voters to require
candidates for the House and Senate to
declare themselves thereon. He refers
pointedly TO the income tax amendment,
which. he says. was lobbied through Con-
gress and the State Legislatures by fed
eral agents. also to the prohibition amend
ment. which he declares was forced
through by a powerful and irresponsible
oreanization.' evidently the Anti-Saloon
League) operating through paid agents
with unlimited funds"
He declares further that the issue is
one of principle. not of political ex-
pediency. and serves notice on all State
D 'iiAiN ~ ii ItultIldIlt-
governor and his deputies. that he pro-
poses Ito go and come" as his duty calls.
both within and without the State OF
Vermont" and that if any action is taken
contrary to the terms of the proclamation,
the officer so acting will do so regard
less OF our fundamental law and his oath
to support it, and "on his own RESPONSE
blllty for which he will be held AN
swerable to the freemen of the State"
The proclamation is as follows:
Under date of June IL. 1919. | received
from Frank l.. Polk. acting secretary of
state. at Washington. a communication
enclosing a certified copy of a resolution
or the Congress of the United States of
America, entitled Joint Resolution Pro-
posing an Amendment to the Constitu-
ton, Extending the Right of Suffrage to
Women with a request that it be SUBJ
mitted to the Legislature of for
such action as may be had.
Il have received requests and petitions
from individuals, residing both within
and without the State, asking me to call
a special session of the Legislature Of
Vermont to ratify this resolution: and
from others not to call a session for that
purpose. Numerous political and other or
CARNATIONS have made similar requests.
The Importance of this matter demands
q III ~ tStlitdllbn o. me 1aF1S TO the
voters Of the State and a statement of
my conclusions.
The Constitution of Vermont has had
the sanction of use and approval for
more than 140 years. Careful provision Is
made in that constitution to insure ex-
tended consideration and deliberation in
makln changes affecting it's provisions
and for direct submission to the ~reernen
of the State. The Legislature may propose
changes, but section six OF chapter two
of the Constitution providing the powers
of the Legislature says: They shall nave
no power to add to, alter. abolish or in
fringe any part of this Constitution
Section 81 Of the same cha pier declares
that this constitution ought not to be vi
olated on any pretence whatsoever The
proposed nineteenth amendment to the
Federal Constitution would in fact, IL
adopted. make radical changes in the
Constitution of Vermont and in our form
of government.
THE provisions for changes in the fed
eral constitution, to which we V~ermonters
are loyal subscribers. are in conflict with
those laid down in the Constitution OF
Vermont. The federal constitution pro-
vides that proposals for change therein
shall, If favorable action is taken thereon
by the Congress. be submitted to the
I've u llt tNcidl oldttS " tltlI
action. and the Supreme Court of the
United States has in a recent decision,
Hawke VS.. Smith, June /. 1920. declared.
The referendum provisions of State
constitutions and statutes cannot be ap-
piled, consistently with the Constitution
of the United States, in the ratification
or rejection of amendments to it,
This decision leaves the people at the
mercy of any group Of men. who may
lobby a proposal for change to the fed
eral constitution through Congress and
then through the Legislatures of the
States.
In the face of this situation. / am
asked to call the Legislature of Vermont
into extraordinary session, not for the
purpose of debating. considering, deliberat-
ing on the question at issue. but with a
majority of it's members pledged before
hand and in private. as | understand it,
to ratify the proposed amendment.
IF the people of Vermont. in accepting
a place in the Union of States, in
advertently lost in whole or in part the
right of self-government and conferred 1t
on a Legislature, there is all the more
reason why a Legislature should not pass
upon a question which has arisen since
their election and upon which their con-
stituents have had no opportunity to eX-
press themselves.
THE people are the supreme governing
power Of the State, and the legislators,
under our constitution. are their repre-
sentatives and responsible to the people,
yet it is now proposed that their Legisla-
ture take action without the sanction Of
the people and in direct invasion of their
rights.
For this reason. ! am calling to the at
tention of the voters of Vermont this all
important proposed change in our con-
'stitution. 1t may be forced upon us by the
action OF other States; nevertheless 1t is
our duty to know what the attitude of
our senators and representatives is upon
this subject and to elect men who repre-
sont our wishes.
Candidates for the Legislature Of 1921
should be required to declare their po-
sition on this subject without delay.
1T is evident from the reading Of the
Constitution Of Vermont that whom the
trainers of 1t accepted in 1871 a place in
the Union Of States they had no idea that
they were signin gaway liberties which
had been boldly proclaimed and ealou
ly guarded up to that time.
w must now either remodel our own
constitution to conform with the mandat
Of the Supreme Court Of the United
States. or the Constitution of the United
States must be amended to provide for a
referendum to the freemen of the seversl
States before amendments to that consti-
tuition become effective. As 1t tar an