Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1870-02-18
IsEE'OR ~.

too of tho Council of Consors on tho rccom-
incubation to alter tho Constitution of Vor-
mont so as TO havo biennial sessions of tho
Legislature instead of annual sessions, and
to have State and county officers, senators
and representatives, elected for two years
instead of ono:
Your committee submit tho following |
among the reasons which induce them to |
mako this recommendation
Thoy aro of opinion that It is not always |
necessary that there should DO an annual |
session of tho Goneral Assembly.
Tho business transacted by tho Gonornl |
Assembly il properly considered under .
tho two classes of public and private enact
ments. So far ns our public laws aro con-
cornod, IL is TO DO noticed that ours is an
inland State with a homogeneous popula-
ton, that our territorial limits arc small,
our people law-abiding and Intelligent,
that with such State and such people
wo do not require tho amount of legislation
that is required in some other Statos. Your
committee are of opinion that n careful
scrutiny of the history of our State Legis-
ature tor the past twenty years will show
thnt in most cases our public legislation
has been confined to trivial matters, and
that no important changes have been made
in our laws as often rs once in two years,
nor indeed for much longer periods. Such
scrutiny will also show that in many in
stances such changes ns have made have
been had unadvisedly, so that no incon-
siderable part of the business has been to
undo and repeal what had boon so hastily
| 4, In. rf,t.r
committee arc of opinion that We have had
too much Legislation; that the continual
tinkering of the laws w making amend
mcnts one year and rcpoNing them the
next. and the numerous mlcor modlhca-
,ions Of orr statute which our legislation
| hoe nroduced havo not been profitable to
,bo State. Such legislation has increased
1tigotion instead of diminishing it. Our
/ reports show that very large proportion
of the disputes settled in the supreme
Court grow out of the construction of now
w enacted statutes. No legislation can
form statute so perfectly but the interest
of parties and the ingenuity of counsel can
raise questions as to its construction.
When, therefore, a statute has been enacted
and its construction settled, nothing but
clear and strong reason should cause its
| change.
Now, therefore, if we change the sessions
OF our General Assembly from annual to
biennial, the result will be not only that
there will be less opportunity for unim-
portant and unnecessary changes, but, from
having longer public consideration before
coming before the General Assembly, such
propositions of amendment as arc made
will be examined moro carefully and de-
tormined moro judiciously.
So far as private legislation is concerned,
! most of il is quito unimportant being sim
| ply the creation of minor corporations, and
whether we have annual or biennial sos
sions, will soon be disposed of as in other
States, by general enactments for creating
private associations, by which the rights of
the public will be secured, and ut the same
time corporate power be granted whenever
| needed. We have now upon our books
hundreds of acts creating private corpora
| tons, which have not been of benefit to
| any party sufficient to pay for the white
paper upon which they arc printed.
| Occasionally, it is true, there come up
grave questions as to granting corporate
rights and public franchises which deserve
the attention of the Assembly, but these do
| not arise every year, and when they 40
come up it most usually happens that many
years clapso from the first start to tho iinal
perfection of tho enterprise, so that the de-
lay of n year in tho legislation would not
rctard the public benefit. In most of the
questions of Importance that arise in prac-
II. MI 10
serve not the part Of a legislature, dclibor-
ating for the public good, but tho arena in
which rival and hostile private interests
seek to gain advantage over each other.
With all such matters the less We have to
do the better for the public.
From these considerations, your com
mittcc are of opinion that the interest Of the
State would be advanced by having the
sessions of the General Assembly less fro
quent; that at least the expense of some of
the sessions could be saved. This last,
though a minor is by no means an unim-
portant consideration.
At the same time, Whenever the public
good requires it, the Assembly can bo con-
vened the same as now, either for adjourn
ed sessions or upon call Of tho Governor.
The effect of the amendment recommended
would not be TO deprive the State OF any
needed sessions, but only to give us the
power to dispense with such NJ arc found
to unnecessary.
Another consideration to be regarded III
this connection is the effect of the proposed
change upon the character of the officers tc
be elected. In this respect your committee
are of opinion that the proposed change
will not materially modify the presen
state of affairs. Under the present system
it is almost the universal practice to give /
second election, and so practically we now
select our officers for terms of two years
If it should result that under the change
officers should then be reelected, so giving
four years term of Office where We nov
give but two, the effect would of course b'
to lessen the number of men holding office
in the State, and this if it produced an,
, difference would improve tho characte
and qualifications of tho officers, for us
f general rule more caro- is had in the solec
ton of few than Of many.
1t is no valid ground of objection that OF
ticers will act more carefully and with bot
t ter judgment when they know their action
. are to be subjected to tho scrutiny OF thei
C constituents on their recollection. Sucl
o views are libels on our officers and people
t A judge who should vary his judgment
= for the sake of influencing his recollection
o would be doing wrong and deserve i'm
parchment. A legislator who has no higho
motive for good conduct than the hope of
! recollection is unfit for his place. Sucl
, would be unworthy motives to influence
their action. 1t would then DO a strangely
, inconsistent course of reasoning that SHOULD
claim that the conduct Of men in oflicia
positions would be improved by seeking Il
give them unworthy inducements.
, would be an If some one should recommen'
that every sutton having the right of n cas-
= should bride the jury to further justice.
Our experience is an abundant REPUTATION
3 of this objection. We uniformly elect GU
0 officers twice 1t is generally expected tina