Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1898-11-10
Refuses Third Reading to
Bill Compelling States At
torneys to Prosecute.
A JOINT RESOLUTION.
IN Investigation of Certain state onicers
Fish Hatchery Bill Made IA special
Order For Nov. 10 Attorrey-Gcn-
eraI Bill Ordered to Third
Reading in the Senate.
CFrom Our STAFF Correspondent

Montpelier, Nov. THAT the commit
Ices appointed last week were appointed
Tor business and that a full investigation
VI expenses of State officers and state $
attorneys is TO be made is shown by the
following joint resolution adopted by both
houses to-day. The resolution reads:
Resolved By the Senate and House OF
REPRESENTATIVES. that the special commit
tee of the Senate appointed Nov. g. 1919
TO investigate the expenses of state OIL
iiccrs and States attorneys, and the spe-
cial committee of the House appointed
Nov t. 1855, for the same purpose, are
hereby constituted Joint special commit
tee OF the Senate and House of Represen-
tatives to investigate and report as to the
expenses of State officers and states at
torneys, and for that purpose said com
mittee is hereby empowered to near evil
dence, to compel the attendance or Wit
nesses and the production of papers be-
fore IL. and to employ clerk at the eN-
pcnse OF the State.
Mrs. T.. a. Mutt of Montpelier has been
chosen clerk for this committee and Is al
ready at work copying vouchers ana get
ting the work in shape for the meeting
Vi the committee tomorrow evening. But
little will be accomplished at this meet
ing but by Thursday evening the commit
tee hope to begin to accomplish some real
results. The following changes in the
House committee were made to-day:
Ncssrs. Kemp of Montpelier and Richard
son of St Adams were excused from SerV-
ing and Messrs Ballard Of Georgia and
Ranney of Newport were appointed by
TIE speaker to fill the vacancies.
The first real contest in the Senate came
this afternoon, when Senate bill No. lSI
came up for order to a third reading. This
bill makes it obligatory upon the state S
attorney to prosecute cases whether com
plant has or has not been made. II was
-. l. II ..N
mittee on the ground that 1t was Simply n
declaration of law which already ext, ed
and was advocated by It's ~-,~-o:ters on
the ground that II would clearly define
the dutie. of a States attorney and thus
do away with any misunderstanding be-
tween the Judge who was to sign the at
torney's certificate and the States attor-
ncys as to what his duties were. The story
of the contest follows:
S. 49,, dut!es of states attorneys and
grand jurors was, on motion of Senator
Smith, reconsidered. and on question OF
third reading. Senator Smith said these
officers did not understand it was their
duty to prosecute withuu ompia!nt. and
this bill defines their du. clearly
Senator Smith thought anybody who be-
came states attorney ought to under
stand from existing laws. just what his
duty t. incidentally he said it was not
the fat the states attorneys that the
pioh.t!. .. law was not enforCed-lt IL
the fault Of public sentiment.
Senator Young understood that the at
torney's duty was clear but thought there
was reason for putting 5. lS7 on tn,
statute book as a declaration Of wha. the
Legislature thinks is the attorneys duty
then no attorney can get behind pro
fessed ignorance of the law, He indicated
that this bill would make it plain to him
He saw no objection to passing the DILL
Senator Hit asked If this was a major
lty rerort?Answer: II stands as a report
without regard to majority or minority
Senator INT saw no reason for the bill
no more reason than to pass law as 10
the duty of judge or juror or witness
never saw any reason for suspectins
states attorneys of lack Of vigilance. The
bill does not narrow down to the prohibit
.ory law. ii applies to all crimes, and Is
poor legislation.
Senator Smith said the law did not seem
10 be so clear as to do away with misun'
Outstanding of duty; the bill does not
nein only the violation OF the prohioitorS
iaw, but all laws. Senator Hit demand
vi tho yeas and nays. and the vote stood
Yeas: Yeas TO- nays, l; so the third read
rig of the bill was again refused
Those voting yea were Senators Bart
EFT, Chaffoy Fay, Hall, Pcrley, Sayles
clayton. Smith, Walker and Young.
Nay-Senators Batchelder. Blodgett En-
Mccullough. Plat, Soule, Steele, Thorn
,Cn and Watson.
Those absent and not voting were Sena
lors Barnes, Cudworth. Partridge, Peck
ut, Putnam and Stearns.
The House was called to order at i
o'clock this morning with nearly ever.
man N his seat ready TO fight to the las
ditch either for or against the fish hatch
cry appropriation. Mr.. Kemp of Montpel
Ter rose and asked that he be excuse,
from serving on the special committee Il
investigate tho official expenses of certain
State officials. II = plea was that Will
the amount of business already befor
committees on which he was serving mad
it impossible for him to give it proper at
tention. He was excused. The Hous
then passed several bills, some of tn
most important of which are House bill
No, "A, requiring the grand jury to exam
Inc the accounts of the States attorney o
the county each year; and II, 32, making
It Illegal to use wagon shoe under
certain size, whether the selectmen re
quest II or not.
When the FISH hatchery appropriation
contained In House bill No. 247. was call
ed up and Mr.. Dickey Of Bradford move
that the bill be ordered to lie and mad
Il special order for Wednesday Novembe
1G, at $3.50 p. m, Thus temporarily ende
without the shedding of blood what wa
expected would be one of the hottest fight
of the session; but the forces on each sid
will continue to throw up entrenchment
and firing win he opened next week.
one feature of the morning session wa
the remarks of Speaker Haskns in whic
he called the attention Of the committee
10 rule No. "A. requiring that all commit
tees report any bill referred TO them with
in IL days from the time It was referre
to them. The Speaker called attention I
the fact that only IL days including Sur
days, are left before Thanksgiving, tn
time fixed by an unwritten law for ad
1ournment. and asked the committees {
he as expeditions as possible in gettln
their reports before the House. 500
after the disposition OF the fish hatcher
bill the House settled back to its norma
condition and passed bills legalzng gran
lists with the usual amount OF amend
ments without "A single motion for a bi
TO lie until House bin No, 24O, AN az
relating to the discharge of mortgag gees,
was reached. A little discussion on TIL
brought out the motion that the bill be oil
dered to lie and soon aftor the House &C
journed for dinner.
IN the Senate, Senate bill No 50, relatin
TO mileage on railroads, was made sp,
cial order for Thursday at 1890 a. m. Or
of the most important developments
that chamber was the introduction of
bill by Senator Smith OF Chttenden rela
Ing to enforcement of liens, which Is
step towards uniform laws on negotiab
paper, move which is recommended b
the American Bar association. The orde
ing to third reading Of Senate bill N
1I2 creating the ONCE OF attorney genera
shows that body in favor OF the crea tic
of that office. The making recently of II
bill creating the office OF insurance con
missioner a special order will also give IL
Senate chance to put itself on record 0