The Barre daily times. (Barre, Vt.) 1897-1959, 1909-01-13
House Declares It UnconSti-
tutional Because
ORIGINATING in SENATE
This Position Means, Perhaps, That the
Legislature VIII Adjourn This
Week, With Taxation Ques-
ton Not Settled.


House this morning, when a resolution
was adopted unanimously to return the
famous three headed taxation bill pro-
yidng for taxation commission, the
abolishment OF Offsets and the fat rate
ON intangibes, which passed the Senate
under the engineering Of Senator Finn
a few days ago, 10 the Senate on the
ground that it was unconstitutional, be-
ing a revenue measure and originating
in the Senate. Senator Finn stated
this noon that he ran onto the clause
in the constitution, under authority oil
which the House acted to-day when he
was looking up the hunters license bill,
and that the House judiciary committee
had the taxation bill submitted to 1t on
the very question OF the constitutional.
ity Of the bill.
While there had been some discussion
in the papers about the bill being un-
constitutional, the question TO the large
majority of the members of the House
had not become a serious one until Mr..
Martin introduced his resolution this
morning and convinced the body that
the House was capable OF originating a
tax bill in the regular custom and obvi-
ate any chance Of becoming a party to
an unconstitutional measure.
II Is likely now that nothing more will
be done with the Offset bill and the bill
providing for q fat rate Of five mills on
intangibles and that the House will get
in some bill providing for q tax com
mission to oversee more thorough en-
forcement of the present law. The
House, upon motion Of Mr.. Bacon, voted
to have the taxation committee take
Some action on Mr.. Bacon's bill, IL 500,
calling for a tax commission of one
member and prescribing his duties. Tax
Commissioner Cushman is at work on
bill and it Is probable that the com
mittee win take one bill or the other
and amend by Incorporating the best
features of the other.
The constitution in this particular
question reads in the third article of
the articles OF amendment as follows:
"That all revenue bills shall originate
IN the House Of Representatives, but the
Senate may propose or concur with
amendments as on other bills"
Mr.. Martin read the constitution on
these points down as far as the revenue
clause, and said that as far az he was
able TO Judge, this proposed bill was
purely q revenue measure and was there
fore unconstitutional He said that was
q similar clause in the constitution Of
the United States. He introduced the
resolution that the bill be returned to
the Senate.
Mr.. Fish, chairman Of the taxation
committee on the part Of the House,
stated that he had looked over the ques
tion with Mr. Martin Of Essex this |
morning and said that it was plainly o
question of whether the proposed bill !
could be construed as q revenue measure. |
He had grave doubts as to the constitu-
tionality of the measure and he wasn't !
prepared to say. In reply to query
BY Mr. Martin as to the time he had |
spent in consideration Of the constitu. |
tionality question, he replied that it had
not been long, but as q lawyer member,
and the only one from The House COM
mittee, the thought he ought TO answer
what he construed as an insinuation of |
neglect that he was not on to the man
ner in which the measure was handled, |
being taken into the Senate, until very
late, and that the attorney general was
away and he could not get an opinion
from him. This morning he spent
half hour with Mr.. Martin In the state |
library looking up the question. He had
noticed something on the question in
the newspapers and they construed that
the intangible bill was alone revenue
measure.
Mr.. Martin of Brookline wanted the
resolution laid on the table until the at
torney general could be consulted. Mr..
Fletcher thought that as there was
doubt on the question as a business I
proposition there was but one thing to
do, not to take any chances. Mr.. Lock.
lin Of Richford agreed with Mr. Fletcher.
Mr.. Williams of Newport wanted to 90
into the committee Of the whole and /
find out what it was best to do and he
believed that by voting for the motion
by the gentleman from Brookline, the
object would be carried out. Mr.. Jones
OF Sudbury didn't think the House could
afford to take chance and said that
taxation questions had been thoroughly
discussed and everyone knew how they
stood on this question and that another
tax measure better suited to the senti-
ment of the House was now in prepara-
ton.
Mr.. DeBoer said that Air. Martin Of |
Essex had shown his case and main
tanned his point and that it looked as
though the bill were not in the House
BY constitutional right. He said that if
another bill, better one, was being pre-
pared, he did not know about 1t and he
was not at all pleased for a member
Of the minority on the measure that
he had spent SO much time on the bill
to no effect.
The majority report of the committee
was against the bin and was signed by
% members, while the minority report
favored the passage Of the bill and was
signed by II members.
The sisners OF the minority report
were Frank L Fish, Joseph A. DeBoer,
Ernest Hiteheuek, Lewis c. Bain, n. l.
Wood. John F. Keyes, Harlan Goodhue.
John II. Button. Charles H. Fitch, D. L.
Sowlcs and " L. BradleyA
The signers Of the majority report
were: A. i. Fletcher, J. s Emery. g.
B. sheldon. John B. Goodrich. George
A. Baloh. George Deyetse. J. A. Tudhops,
Q. F. Kinnsrson, l. I. Gray, E Fl. Ak
ley, G. n. 1ildsn, Lewis n. Seaver, 9.