The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1871-04-18
Letter from Gov. Stewart Declining
to Call an Extra Session,

To the petitioners for special session Of
the legislature resident IN the coun.
ties Of Chittendem, Franklin and
Grand Isle.
GENTLEMEN
have carefully considered the subject
submitted upon your petitions for an ex-
ira session of the legislature, and adopt
this as the most convenient method Of
conveying to all interested my conclu-
sions, with brief statement of the rea-
sons which have led me thereto. Two
reasons are assigned for special session !:
First, shat the committee Of the House
Of Representatives," appointed at the
last session, to average and equalize the
real estate appraisal, reported basis
which discriminates unfairly against the
owners of real estate in Chittenden,
Franklin and Grand Isle counties"
Secondly, "that the action of said COM
mittee 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
made for tho succeeding five years."
Neither the concurrence Of the Senate
nor the executive approval is required or
permitted.
The subject is wholly excluded from
Executive interference. 1t is the duty
Of the committee to act, and it is solely
the prerogative of the House to pass
judgment upon the action of the COM
mittee.
The petitions do not set forth 10 what
consists the unfair discrimination COM
planned Of, norm the view which l en-.
tertain-is inquiry on that point necessa-
ny to determine my action. l simply
leave the matter where the statute pre-
scribes.
could not convene special session
for the first reason alleged, unless salts.
fed of its validity, and l cannot deter.
mine its validity without reviewing the
judgment Of the House upon a question
of discretion exclusively reserved by our
statute for the consideration Of that body
The second reason alleged for special
session concerns the legality of the list
and suggests a question purely Judicial
in its nature, upon which it would BE-
manifestly unbecoming the executive te
express an opinion.
l may, with propriety, state that
have conferred with the judges of oul
Supreme Court, as to my right to taxi
their opinion upon the legality of the list
They hold that this question is too re
motley connected with the discharge o
any executive duty to come within tn,
spirit Of the statute which authorizes tn
governor in certain cases to take thei
, opinion, and therefore decline to enter
tain the question, save in the regula
course ofjudicial proceeding.
In the wisdom of their decision l full
/. ly concur. l am persuaded there woul
. be an improperly, after the statute ha
/. gone into operation, and personal an
!. public rights and interests Of great mag
: nitude have become involved. in adjude
Q ing this question in proceeding to whic
: none of those affected are parties.
e The present list has been recognize
a by the great majority of the people {
q the State as legal, and the larger propol
9 ton of the State tax levied thereon hs
I been already paid into the State Trea,
o ury. If in the adjustment Of valuation
9 wrong has been inflicted upon any porto
of the State, the responsibility must rel
r with that body whose power over tn
4 subject was exclusive.
e If the list is illegal the courts are ope
;, for redress but cannot assume its ILL
Q gality as basis of official action withor
j. usurping function reserved to the jude
1 ial branch of the government.
|. / trust the views thus briefly expresse
/ may commend themselves to your goo
judgment. Entertaining myselfa siI