Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1871-04-26
Letter from GOV stewart
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Grad BE.
GExrIENES
have carefully considered the subject
submitted upon your petitioners Tor an
extra session Of the legislature, and adopt
this. As the most convenient method Of
conveying to all interested my eoneiu-
sions. with brief staiement ofihe reasons
which have led me thereto. Two reasons
are assigned for a special session;
First. '.that the committee ofihe House
Of Representatives" appointed at the
last session. to average and equaliIe the
real estate appraisal, reported basis
which discriminates unfairly against the
owners Of the real estate in Chittenden,
Franklin add Grand Isle counties.
Secondly, ''that the action Of said CON-
mitiec was illegal"
will notice these propositions in their
order. Our statute law rePOses the duty
Of averaging aud equalizing the list in
committee Of the House, aud provides
that the list certified by such committee
aud approved by the House, "shall be
the list upon which State taxes shall be
made for the succeeding five years.
Neither the concurrence of the Senate
nor the executive approval is required OF
permitted.
The subject is wholly excluded from
executive interference. Ii is the duty Of
the committee to act, aud it is solely the
perogative of the House to pass Judgment
upon the action of the committee.
The petitions do not set forth in what
consists the unfair discrimination CON-
planned Of, nor in the view which | en-.
tertain--is inquiry on that pOiEt neeessa.
ry to determine my action. | simply
leave the matter where the statue pre-
scribes.
| could not convene a special session
for the first reason alleged, unless sa,isd.
ed Of its validity, and l cannot determine
its validity without reviewing the judg
ment Of the House upon a question Of
discretion exclusively reserved by our
statute for the consideration Of that body,
The second reason alleged for a special
session concerns the legality of the list,
and suggests a question purely indicial
in its nature, Epon which it would be
manifestly unbecOmirg the executive to
express an opinion.
l may, With proprieiy, state that have
conferred with the judges of our supreme
court, as to my RICH, to take their opinion
upon the legality Of the Iist
They hold that this question is too re-
motely connected with the discharge of
any executive duty 10 come within the
spirit of the statute which authorizes the
governor in certain cases to take their
opinion, ani therefore decline to entertain
the question, save in the regular course
of judicial proceeding.
In the wisdom Of their decision | fully
concur. am persuaded there would be
an impropriety, after the statute had
gone into operation, and personal anI pub
tic rights and interests of great magnitude
have become involved, in a1judging this
question in proceeding to which none of
those affected are parties.
The present list has been recognized by
the great majority of the people of the
State as legal, and the larger proportion
of the State tax levied thereon has been
already paid INFO the state treasury.
If in the adjustment of valuations
wrong has been inflicted uPOn any portion
of the State, the responsibility must rest
with that body sbOsc PoSer over the
subject xss exclusive.
Ii the list l. Illegal the courts are opeu
for redress, bat | cannot assume its lille
sality as basis of oihsial action without
l<urPing function reserved to the ju4ic-
Ial branch OF the government.
| trus, the views thus briefly express
ed may commend themselves to vour
good judgment. Entertaining myself a
sincere conviction of their sOauduess. l
feel constrained BY strict sense of duty
to deny your request.
| remain very respectfully,