Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1880-10-13

rigid economy, we must remember that there are
some things OF more value than money. True
economy does not consist in refusing to appropri-
ate money when 1t is needed, but In taking care
that its full value be returned for every dollar
that is expended.
THE REVISION OF THE LAWS.
The most important topic to which call your
attention Is embraced in the above title, as 1t in
cludes nearly all subjects for consideration by you.
Two years ago the legislature passed an act Of
which the following is the first section, viz
"sgoToS 1.-The governor is hereby authorized and d.
rected TO appoint two commissioners whose duty shall be
to revise redraf compile consolidate and arrange IN
methodica order in plain and simple language, the public
statutes OF this state the basis plan and general form
enactments reject superfuous words crcuous and am
biguous phaseology recommend amendments and con-
4 consistent with full and clear expression Of the VIII Of
at its next biennial session."
Pursuant to this act Governor Proctor appointed
Hon. G. w. Willard and Hon. w. G. Veazey as
commissioners to revise the laws, and they com
menced at once upon their labors Hon w. G.
Veazey having been appointed judge of the
supreme court, large part OF the work of the
revision devolved upon Mr.. Willard. How faith
fully and well he performed his share Of the labor
you will learn when the voluminous work is laid
before you His labor ended only with his life.
While still engaged upon this most arduous task,
with faithfulness that attended all his labors,
and that has become proverbial throughout the
state this highly esteemed public servant breathed
bed in the balance, and that seemed to have been
prolonged that he might so nearly complete this
last work for the state he loved SO well.
The report which accompanies the revision was
prepared by Judge Veazey. In that he tells you
fully the plan of the work. and the reasons which
actuated the commissioners in the course they
pursued.
The arrangement of topics in the Revised
Laws of Vermont" as they have named the
work, is much more logical than that Of the gen.
era statutes.
The commissioners have simplified and reduced
to a uniformity the diverse expressions used in
the general statutes. They have so condensed
what Is now contained in the general statutes in
100 pages and in the session laws since 1862 in
,233 pages, that when printed as the general
statutes now are it will be comprised in about
100 pages They have not Intentionally changed
the substance or intent OF any law. Together
with their report they offer an appendix, that
consists of notes. explanatory, corrective and in
recommendation of amendments. | need not
take time here to call your attention to the vari-
Gus amendments and changes proposed. They
are too numerous for the time allowed me They
are important and will command your careful
consideration. For greater convenience OF ref
erence the sections are numbered from first to
last continuously or successfully, throughout the
volume. In the appendix the commissioners have
made such recommendations of changes as seemed
desirable to them, after careful examination of
the entire laws of the state. Such suggestions as
they make must have great weight with you.
CONSTITUTIONAL AMENDMENTS
Section one of article twenty-five of the amend
ments of the constitution of the state, being a
section of the articles Of amendment adopted by
the convention held at Montpelier, June sth A. D.
1870 provides that at the session of the general
assembly of this state, A. d. 1880, the senate
may, by a vote of two-thirds of its members, make
proposals of amendment to the constitution of the
state, which proposals of amendment If concurred
in by a majority of the members of the house Of
representatives shall be entered the journals Of
the two houses, and referred to the general
bly, then next to be chosen and then the section
goes on to provide what is necessary to complete
the amendment This is the year and this is the
session at which amendments are to be proposed
by the senate and concurred in by the house, and
thus started on their way towards completion.
This is a very important duty on the part of the
senate. 1t rests with them to initiate every
amendment to the constitution. 1t is incumbent
upon them neither to initiate any hasty friv-
olous or illy-considered amendments, nor to
stand in the way of such reasonable propositions
as express the true wishes of majority of the
people.
PETIT JURY
Article twelve of the first part of the constitu-
ton, sometimes called the bill of rights, provides
that when any issue in fact, proper for the cog
nizsnce of jury, is Joined in court of law the
parties have right to trial by jury, which
ought to be held sacred. This section briefly
states the principle that has so long been dear to
Englishmen, and the English speaking races
the eyes of all friends of liberty and Justice
When this principle and this right stood as bar
rer between tyrannical government, repre-
scented by partial judges on the one hand and a
people powerless to vindicate its rights on the
other, they seemed to every aspirant for freedom
to be of incaculable value. The establishment of
the principle in the frame of government, and the
acknowledgment of the right in the practice of
the courts. marked an era in the advancement Of
human liberty. We should not esteem the right
lightly Yet we may bear in mind that society
and government are differently constituted at
this day and in this state from what they were in
England when the contest for this right first
arose. Every man in Vermont is the peer of the
highest Judge of The highest officer of the state
in the eyes of the law. Business and the char
acter OF suits in courts of law have changed. A
large class OF cases has now arisen that can be
much better tried by the court alone, or by an
auditor or a referee, than by a jury. Men feel no
insecurity in regard to their rights when tried by
the court or by the officers of court named Many
times it is only those suitors who have doubtful
case, who are anxious to tempt the hazardous
lot ola trial by jury. Not that would cast any
reflections upon jury trials AS conducted before
intelligent jurors in Vermont, for believe in the
large majority OF cases they do substantial justice
between the parties, But it seems to me that
there should be some reasonable limit fixed, not
To the enjoyment Of the right Of trial by jury, but
to the abuse of that right. Whenever there is
any possible chance of its standing as barrier
against oppression, and in every case where it is
VI hhN ocph w NC a W anu
protect the weak let it be undsturbed. But it
seems to me that there are certain classes of
cases that can better be tried without the aid or
incumbrance of jury. Already the law denies
the right of trial by jury in actions Of book ac-
count and petitions for divorce. No one feels ag-
grieved by this. All acknowledge that the adj
justment of long accounts and the details OF
family troubles can better be dealt with by the
court or some branch of the court than by a
jury of twelve men. Yet, even now, the sutton,
by bringing his action in assumpsit, instead of in
| the form of action known in this state as book
account, may compel the court to grant him a
jury trial upon hundreds Of items of account. 1t
is true that this does not often happen, for the
reason that counsel generally advise that such
suits be referred to some suitable person who
really acts as auditor, although not such in name.
| am satisfied that some restriction might safely
| be made in this direction more especially since
| q ralaranne La adnIatnd nj Of