The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1910-01-06

shall not determine individual cases
of crime. Section 10 of Article / OF
the Constitution of the United States
forbids any state TO pass any bill oi
attainder," that is "a legislative act
which lnficts punishment without a
judicial trial" Cummings VS. Mis-
souri,, Wall. 277) And Section 20
of our constitution now provides that
no person ought in any case. or at any
time, TO be declared guilty of trea-
son or felony by the legislature. The
legislature is forbidden to try a man
tor murder and there is no justifica-
ton In principle for 1t to ''untry'' him.
The present practice under which
all convictions Of murder In the first
degree are reviewed. and practically
must be reviewed, by the legislature.
Is subversive OF very fundamental
principle of criminal law, that pun
lshments In order to be deterrent
should be quick and sure. II occupies
the time of the legislature with the
consideration Of questions upon which
II is poorly fitted to pass. II arouses
a morbid sympathy for condemned
murderers, unsettles the faith OF the
people In the results OF murder trials
and tends to make a spectacle OF the
administration OF justice. II the peo-
pc OF the state desire TO abolish
capital punishment the legislature
should do so by general law and not
by special legislation In substantially
every individual case.
IL the power to commute, remit or
mitigate sentences In cases OF felony
is taken from the legislature as pro-
posed, then the elimination Of the
words "and murder" from Section IL
becomes necessary. as to cover all
contingencies the power to grant
mercy should be left somewhere.
PROPOSAL six
That there be added to the constl.
tuition a new Amendment to be known
as Article t29), a. follows:
"Artlcle (2s). No senator or rep
resentatlve shall, during the term for
which he may have been elected, be
eligible to any office, the election to
which 10 vested In the general as
sembly, nor shall he be appointed to
any civil office Of profit, which shall
have been created, or the emoIunents
Of which shall have been Increased,
during such term; but this latter pro.
vision shall not be construed to apply
to any office elective by the people,"
The long existing practice OF mem
bers Of the legislature being candi-
dates for election TO Office by the Joint
assembly is wrong In principle and
pernicious In It's influence. II lessons
their independence as legislators and
mixes In an unfortunate way elections
and legislation. which ought TO be
entirely disassociated. The practice
is also unfair to other candidates be-
fore the joint assembly who are not
members OF the legislature.
The appointment by the governor OF
q member Of the legislature to an Of
fce which has been created or the
salary OF which has been increased
during his term is also contrary to
one OF the most common provisions
OF American constitutions. Section 6.
Article Of the United States Consti-
tuition provides that mo senator or
shall have been created, or the emol-
uments whereof shall have been in
creased during such time" This pro-
vision Of the federal constitution or
something very like II has been estab-
lished In thirty-two states.
time" This provision OF the federal
constitution or something very like II
has been established IN thirty-two
states.
Such provision alone Is not sum
cient for our purpose. because our
system OF election by the Joint as
sembly, which Ia peculiar 10 Yer
mont and few other states, Il more
exposed to abuse In this respect than
appointments by the executive. The
recommended IL an exsc, |
copy Of Section 30. Article I Of the |
Of the state of Indiana
and seema 10 aE 10 meet al upe re
lnirements
PROPOSAL SEVEN
Ths, q new Amendment be added
10 the Constitution, 10 be known 40
Article f3ol. a. follows:
ARTICLE t5oD. No corporation shall
be created by special laws or Its
:hsrfer extended. changed or amend
10. except those for municipal. char.
able. educational. peosi or reforms
ory purposes. which are 10 be ana re-
nsln under the patronage Or eontrol
u the state tg, the general assembly