Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1871-04-14
Letter from Gov. Stewart Declining
to Call an Extra Session.
To the petitioners for special session Of The
Legislature, resident IN the counties q
ChiHeaden, Franklin and Grand Isle.

To the petitioners for special session Of The
LEGISLATURE, resident in the counties Of
CtHieadep, Franklin and Grand Isle.
GENTLEMEN
have carefully considered the subject sub
mitted upon your petitions for an extra session
of the legislature, and adopt this, as the most
convenient method Of conveying to all interest
ell my conclusions, with brief statement Of
the reasons which have LED me thereto. Two
reasons are assigned for special session:
First, that the committee Of the House Of
Representatives, ," appointed at the last session,
to average and equalze the real estate appraisal,
reported basis which dscrimin4tes unfairly
against the owners of real estate in chittcnleu,
Franklin and Grand Isle counties. 80
Secondly, " that the seton Of sail committee
was illegal"
will notice these propositions in their order.
Our statute law reposes the duty Of averaging
and equalizing the list in a committee Of the
House, and provides that the list certified by
such committee, and approved by the House.
shall be the lis; upon which State taxes shall
be made for the succeeding five years Neither
the concurrence Of the Senate nor the executive
approval /, required OF permitted
The subject is s wholly excluded f,om Ezecu-
tive interference 1t is the duty Of the committee
to act. and it is solely the prerogatye Of the
House to pass judgment upon the action OF the
committee
The petitions do no, set forth in Whist consists
the unfair discrimination complained of, nor
in the view which I entertain-is inquiry on
that point necessary to determine my action.
simply leave the matter where the statute
prescribes.
could not convene special session for the
first reason alleged, unless satisfied Of It's validity
ami l cannot determine its validity without re
viewing the judgment Of the House upon
question Of discretion exclusively reserved by
our statute fr the consideration Of that body.
The second reason alleged for special session
concerns the legality Of the let, and suggests
question purely Judicial in its nature. upon
which it would be mauifestly uuteo5miug the
executive to express an opinion.
may, with Propriety, state that I have con-
ierrel with the judges Of our Supreme Court, g.
to my right 30 take heir opinion upon he Legal
ity Of the list.
They hold that this question is TOO remotely
connected with the discharge Of any executive
duty to come within the spirit Of the statute
which authorizes the governor in certain cases 70
take their opinion, and therefore decline to enter
tam the question, save in the regular course Of
Judicial proceeding
In the wisdom of taeir decision fully concur
sm persuaded there would be an improprety,
after the statute has gone into operation and
personal and public rights ami interests q great
magnitude have become involved, in aijuigiug
this question IN a proceeding 70 which none Of
those affected are partes
The present list has been recognized by The
great majority Of the people Of the State as legal
aud the larger proportion Of the State tax levied
thereon has been alrea " paid into the State
Treasury
II in the adjustment Of valuations wrong has
been indictel upon sny portion Of the State, the
responsibility must rest with that body whose
power over the SUI iect WAS exclusive.
Il the list i Illegal the courts are open .Jr IL
dress, but cannot assume it ilieyality as
basis of oficiA, action without usurping fuac-
ton reserved to the judicial branch Of the gov
eminent.
trust the views thus briefly expressed mly
commend themselves to your good judgment
Entertaining myself sincere conviction Of their
soundness. feel constrained by strict sense of
duty to deny your request.
remain very respectfully,
Tons. " cr.,r.r-