Middlebury register. (Middlebury, Vt.) 1886-1937, 1896-06-19

| THT1Ig WTHIGVGT, TnNT sTlWTT nWVe n TGmUenCY 10
lessen or abridge their rights and privi eyes,
rs declared by the constitution of this state ;
but VIII, in all things. conduct yourself as a
faithful, honest representative and guardian
of the people, according to the best of your
judgment ana abilities. I'm Of an odth)
so help you God. ana in case Of an g1irmd
tt0n) under the pains and penalties OF per-
jury.
In 1888 the constitution was amended
by the adoption of article ~, which re-
quires the following oath to be taken
by members of both branches of the
legislature in addition to the one quoted.
Section |. The representatives having met
on the day appointed by law for the com
mencement OF a biennial session of the gen
eral assembly, and chosen their speaker, ana
the senators having met, shall, before they
proceedlto business, take and subscribe the
following oath, In addition to the oath now
prescribed: "You do solemnly swear
tor affirm that you did not at the time OF
your election to this body, and that you do
not now hold, any office OF profit or trust
under the authority OF congress. So help you
Cod" (or, in case of afiirmation) "Under the
pains ana penalties of perjury"
Section ?. J he words coffee of profit or
trust under the authority OF congress" shall
be construed to mean any Office created di.
rectly or indirectly by congress, and for
which emolument Is provided from the treas
ury of the United States.
Mr.. Battell, prevented by business
from being at the opening of the legis
lature, appeared to take the oath with
several others, several days after.
Major GrOut had been chosen speaker
and administered the OATH As the new
oath was reached Mr.. Battel dropped
his hand, stating that he could not take
it; that he could swear he did not then
hold any office of profit or trust under
the authority of congress, but would
not swear that he did not at the time of
his election. The speaker, Mr.. Grout,
suggested that he should take the oath
with this reservation, which was done.
At this time Mr.. Grout's manner was
especially thoughtful and friendly.
| Whether or not the irregularity in
taking the oath could have been
satisfactorily arranged, so that Mr. Bat
tell could have held his seat without
question, we viii not at length discuss
here. There is question whether the
office Mr.. Battcl held when elected is
an office "fc" which emolument
is provided from the treasury of the
United States.' No one in the leg
islature wanted to disfranchise the town
of Ripton or to turn Mr.. Battell out.
But there were parties out of the leg!s-
lature, as we shall see, that did want to
turn him out. They were the railroad cor
porations, who had found Mr. Battell in
previous sessions of the legislature,
when he was member, especially an
noying TO them. Mr.. Battell had taken
the lead in passing a law to tax rail-
roads, forcing the bill from the then
speakers hands, who, it was said, was
surrepttiously holding it back, and
securing its passage towards the last
days OF the session. He had always
been what is known as an anti-railroad
man, and the corporations had come to
recognize him as an uncomfortable oppo.
nent, whom they were anxious to keep
out of the legislature, ifpossible, by eth
er fair or foul means.
In all legislative bodies, so far as we
know, the power of deciding as to the
eligibility of members rests with them
selves. Sec. 0, part II, of the constitu-
tion of Vermont among other things
says of the representatives chosen that
they shall judge of the elections and
qualifications of their own members.
OF course, then, if there was any ques-
ton of the election or qualification OF Mr..
Battell, that question should have come
up in the house, where it would undoubt-
edly have been referred to an appropri-
ate committee, carefully considered in all
its aspects, and justly acted upon.
But the house never had this oppor-
tunity. Their speaker, though at first
wholly friendly and fairly disposed, after
wards at the demand of the corporations
struck from the. roll Mr.. Battell's name,
and when questioned by Mr.. Battell to
know why his name was not called, admit
ted that he had taken it off and claimed
that he must do it to ''protect the house."
The roll of members is made up by
the secretary of state from credentials
received from the different towns.
Those credentials carry each name upon
the roll and not one of them can be
legally taken of except by action of the
house. A speaker who tampers with the
roll probably commits an impeachable Of
fence. Any plea of doing it to protect the
house, if honestly made, would demon
trates an ignorance of the duties of the Of
flee pitiful enough, but of course in this
case it was not honestly made.
The action, then, of Mr.. Grout in TAX
ing this name off the roll was a criminal
one, done, as we know, at the bidding of
corporation, and, in the opinion of the
REGISTER, is a sufficient reason why he
should not be elected governor.