Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1880-10-08

-
necessity Of the utmost vigilance on your part IN
guarding the treasury Of the State The habits OF e1
ravagance generated by the false abundance Of war
lines are gradually giving place to habits Of economy
In the household and in private business These hab-
liz should be cultivated IN the public service, ana ON
GERS Of the state should be held to the same strict
economy that they would practice In their own ahalrH.
But, while practising the most rigid economy, We must
remember that there are some things of more value
Than money. True economy does not consist In re-
fusing to appropriate money when IL is needed but in
taking care that It's full value be returned for every
dollar that is expended.
rnE REVISION or rnE LAWS.
Tho most important topic to which call your aten-
ton embraced in the above title, az it includes near
ly all subjects Of consideration by you. Two years
lgo the legislature passed act Of which the follow
lug is the FIRST section, viz:
"SEC. I. The governor is hereby authorized and di-
rectcd TO appoint two commissioners, whose duty II
shall be to revise, redraf, compile, confolidae and
arrange in mehodical order, in plain and simple Ian
Ruage the public statutes Of this State upon the ba-
sis, plan and general form " the general statutes
with authority to omit redundant onactmcnts, REJECT
supettiu0us words circuitous and ambiguous phrase
olory. recommend amendments, aud tundCnsc the
whole into 90 concise and comprehensive form "a Il
consistent with full and clear expression Of the will
uf the legislature and report the same to the General
Assembly at It's neat biennial session
Pursuant to this act Gov. Proctor appointed Hon.
c. W. willard and Hon. W. @. Ncazey as commission-
ers to revise the laws and they commenced at once
upon their laborB. Hon. W. q. Neazey having been
appointed Judge Of the supreme court, large part
Of the work Of the revision devOlVed upon Mr. Will
lard How faith fully and well he performed his share
Of the labor, you will learn when the voluminous
work If laid before you. His labor ended only with
HE life. While stu engaged upon this most atduous
task with fathfulness that attended all his labors
and that has become proyerbia throughout the state,
this high ycsee med public servant bteathed out the
last remnant OF lie that had long trembtd IN the
balance and that seemed to have been prolonged that
he might so nearly complete this last work for thu
State he loved 50 well.
The report which accompanies the revision Was pre-
pared by Judge NoaEey. In that he tells you fully the
plan Of the work. and the which actuated the
commissioners IN the course they pursued. The ar
ram me fNN ..f4Il lao pa
mont as they have named the work, is much more
logical than that Of the General statutes.
The commissioners have simplihed aud reduced To-
uniformity the diverse expressions used IN The GEN
etal statutes. They have so condensed what rs row
contained IN the General satut's IN 100 rsRts aud 10
the session laws since 1862 in 1888 pages, that when
printed as the General Statutes now are, 1t will be
comprised In about 40 pages. They have not inten-
tonaly changed tho substance or lutelt Of any law
Together with their report they oner an Appendix
that consists Of notes explanatory, corrective and in
recommendation u amendments. / need not take
time here tu call your attention to the various amend
ments and changes proposed. They are too numerous
for the time allowed me. They ale important, and
will command your careful consideration. For great
er convenience Of reference, the sections are num-
berrd from first to last continuously succcssivt
throughout the volume. In the Appendix the cotn-
missiontrs have made such recommendations Of
changes as seemed desirable to them after a careful
examination VI the entire laws Of the State. such
suggestions they make must have great weight with
you.
coSsrIrurIoSAL AMENDMENTS.
Section one Of article twenty-five Of the amend
uents Of the constitution Of the State being section
Of the articles OF amendment adopted by the convex
ton held at MONTPELIER June sth, A. D. 1870, PROVIDE
that at the session Of the General Assembly of this
State, A. d. 1880 the Senatc may, by vote Of two
thirds Of its members, make proposals. Of amendment
to the constitution " the State which proposals. q
amendment, II coucurrod IN by 4 majority Of the
members Of the House Of Representatives. shall be
entered the Journals u the two houses aud refer
red to the General Assembly then next to be chosen
and then the section goes ON to provide what is necl-
sary 10 complete the anendment. This Is the year
and this lie the session at which amendments TO be
proposed by the Senate aud euncurred in by the
House, aud thus started on their way towards com
petiou.
THIS is very important duty the part Of the
Senate. II rests with them Ia initiate every amend
meut to institution. II is incumbent upon the NJ
neither to initiate any Lasty, frivolous ycousider-
ed amendments nor to stand in the way u such rea-
sonable propositions as express the true wishes Of a
majority II the people.
PETIT Jury.
Article NeNe u the rst part Of the cOustltutioa
s1mftimus called the BIZ OF Rights, provides that
when ruy issue IN fact proper for the cognizance Of
jury, - joined IN court Of av, the parties have a
right to thai jury, which ought to be held sacred
THIS section br,ly states the principle that has
long Leen dear 20 Eugl!shmen and the Igsh speak
ing The right To he tried by ours peers sa-
cred in the eyes Of all iritucs u Liberty and Justice
When this irrcre and this night stood as barrier
between o tytauuical government, represented by
partial judge the che hand aud people pOWercss
10 y!udIcaie its rights On the other they tecrd TO y
cry aspirsut Tor freedom tu be a. luCacuiable value
The establishment q The principe ~ the frame Of
government aud the Wlrdi utLt Cf tie night IN
yAnccmeut uf human liberty. We should not esteem
the right lightly. Yet may tear III mind that soc.
ETY. aud government are differently constituted at this
day and in this state, from what they in England
vAfu the contest for this right arose Every man
vermont Is the peer Of the highest judge Of the
hlGhtst omCfr OF thc STATE, IN the eyes II the law
Business aud The character Of suits IN courts Of Law
have changed. large class Of cates has arisen
that much better BE- tried BY the court alone or
by auditor a referee. than by Jury. Men feel
insecurity IN regard to their rights when tried by
the court or by the officers Of court named MANI
is an vi ft,T
who guIiuus 10 tempt the hazardous lot Of trial
by jury Not iha, would cast any reflections upon
jury trials conducted before intelligent Jurors In
Vermont for believe ~ ne large majority of cases
they do substantial Justice betY.rn the par,s But
limit n1ed not to the enjoyment Of the right u trial
by jury but to the abuse Of that right. Whenever
there r. any possible chance Of its standing bar
tier against oppression, aud in every case where II Is
may seem to be tpiwark to surround and protect
the weak, let It be uuuisturbed But It seems me
that there are certain classes Of cases that can better
be tried without the aid or incumbTsure Of Jury.
Already the Law denies the right Of trial by jury In
actioEs q book account and petitions for divorce. No
one feels aggEeYtd by this All acknowledge that the
adjustment 81 long accounts aud the details Of family
troubles better be dean with by the court or some
branch Of the court than by Jury Of Twelve men
Yet eyea now the sultur BY bringing his action in
sumpsit Instead Of "a the form Of action knpBn IN
this state a. book account may compel the court 10
grant him jury trial upon hundreds uf items Of ac
count. 1t 10 true that this does not often happen for
The reason that counsel generally advise that such
suits be referred some suitable person who reals
acts as auditor although not such in name.
am satisfied that some restriction might safely be
made in this direction especially since the ref
law adopted ~ the last session of the legsa
ure seems to be giving so general satisfaction. II
other change IL made certainly the jury fee should be-
so ucrased IN the class Of cases involving aceounts
a. to oeF 20 indictment to sutors to call for jury.
Upon this matter would refer you to the report upon
court expenses made by The cGh issoners who were
appointed to revise the laws.
GRAsp jury.
Whether the duties u The grand jury should not DO
somewhat modified submit 10 your candid consid-
Grafton, without further suggestion tLau to again call
your attention to the report just referred to- This
would not necessarily BE- constitutional change but
refer to 1t htre in connection with the changes sug-
gested in connection With the petit jury Some of the
changes suggested in relation 10 the petit Jury NAV be-
simply changes OF the law and not Of the consiitu-
ton.
THE BIENNIAL SYSTEM.
The biennial systtm Of el, ctions seems TO have
worked very satisfactorily, but there is increasing
desire the part III gentlemen cOnyersant with pub
lie affairs TO have anpls rather than biennial sessions
Of the legislature This would NECESSARILY entail in
creased expense to the State. II is for you o oonsid.
whether the additional expense will be more than
oyerbalanced by the greater advantages Of annual
sions. We're the question Of expense out Of the yay
/ should not hesitate to recommend return TO annual
sessions Of the legislature should do this the
readily for the reason that feel confident that
legislatures express and carry out the will the peo-
pie in the result OF their deliberations.
The retiring message Of Gov. Proctor has called at
tention 10 some important suggestions in relation TO
amendments thai 1esd not further discuss.
NIIHLA.
The small militia force OF the State 10 W very en-
Client condition, and At extremely slight public tx
pCnse. Its admirable condition Is not due to having
been fostered by the State but to the natural militia
ny spirit Of our people, and to the fact that OF
the officers and soldiers who served during the Re
belon have taken deep interest in the single regi-
mont and portion Of battery, which represent our
entire military force 1t is to be hoped that may
never again knoF he suffering that results from war
Tut prudent g6Yernmeht yin pot allow itself to be
unprepared for possible Emergency nor PlloW the
military spirit OF its people to entirely Vie out
MILITARY HIsroRIAR.
At its last session the two Houses adopted q Joint
resolution providing for State military historian,
and the Governor appointed Hon. G. q. Benedict to
that position, and Le at commenced his abors
By collecting materials for the history. But the work
OF preparation was stopped by decision Of the State
auditor that the resolution, having failed to receive
the Governors signature, did not constitute such an
"Act Of legislation as would warrant payments
from the treasury for the necessary expenses. The
collection Of materials for the history has neSCrthe-
less gone on, and the completion of the work awaits
the action Of the Legislature
have no doubt you will adopt the necessary egis-
n ia ,3,h