Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1871-04-19
Letter from GOF. Stewart Declining 10
TALL an Extra Session.

To TIE petitioners for special session o. the
Teo;xIsf,rre. resident IN The counties Of Chif-
tenden, Franklin and Grand Isle
GENTLEMEN L..L
I have carefully considered the subject SUD-
mitted upon your petitions Tor an extra ses-
SON If the legislature, and adopt this, as the
most convenient method Of conveying TO all
interested nv conclusions, with BRIEF stste-
mont of the reasons which have LED me
thereto Two reasons are assigned Tor
special session: uoso
First. that the committee of the House
of REPRESENTATIVES - appointed at the last
session, to average and equallze the real es
tate appraisal, reported basis when uisr
eliminates unfairly against the owners OF
real estate in Chittenden, Franklin ana
! Grand Isle counties.
Secondly, Z" that the action OF saiu GULL
mittee was illegal"
Twill notice these propositions IN their
order. Our statute law reposes the duty OF
averaging and equalizing the list In com
mittee Of the House, and provides that the
list certified by such committee, and approved
nv 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
or permitted.
utive interference. 1t is the duty OF the
committee to act, and it is solely the prerog-
alive of the House to pass Judgment upon
the action of the committee.
The petitiOns do not set forth In what con-
sists the unfair discrimination complained OF, |
norm the view which l entertaIn-ls IN
quiry on that point necessary to determine
NV action | simply leave the matter where
the statute prescrIbes.
| could not convene special session Tor
the first reason alleged, unless satisfied OF ITS
va idIty. and | cannot determine its validity
without reviewing the judgment of the
House upOn question OF discretion exclu-
siveIy reserved by our statute for the cOnsId-
Grafton 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 II would be maniiestly
the executive to express an opin-
ion.
may, with propriety, state that have
conferred with the Judges of our supreme
Court, as to my rig Il u take their opinion
upon the legality VI the list.
They ho.d that this question is too remote
ly connected with tue discharge OF any ex-
ecutIve duty to come within the splrltUr the
statute which authorizes the governor IN
certain cases to take their opinion, aud there
lore decline to entertain the question, save IN
the regular course of judicial proceeding.
In the wisdom OF their decision | fully
concur l am persuaded there would be an
Improperly, alter the statute has gone into
operation, and personal and public rights
and interests Of great magnitude have become
involved, IN adjudgIng taIs question IN a pro
cueding 10 winch 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 tue larger proportion OF
the State tax levied thereon has been already \
paid into the State Treasury.
1t 10 the adjustment OF valuations wrong /
has been inflicted upon any portion of the
State, the responsibility must rest with that
body whose power over the subject was ex-
elusive.
Ii the list Is illegal the courts are open for /
redress. but | cannot assume Its illesality as
a basis of official action without usuFpIng
function reserved 10 the Judicial branch Of
the government.
| trust the views thus briefly expressed
may commend themselves to your good judg-
ment Entertaining myself sincere con-
vIctiOn OF their soundness, l feel constrained
by strict sense OF duty to deny your re-
quest. remain very respectfully,
JoHN ". STEWART