Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1910-07-22
Proposed Constitutional Amend
ments-2.

A review Ol Jne eNlueHCe III h'u'uV'
cases by the Legislature for the purpose
of mitigation or remission of punish.
ment is palpabe encroachment on the
powers both of the judiciary and execu'
tive. The report of the commission on
this head well says that as the legisla-
ture is forbidden to try man for
murder "there is no justification in
principle for it to 'untry' him"
The plain common sense of proposal
six is apparent This limits the office
to which senators and representatives
should be eligible to those which are
elective by the people, excluding those
election to which is vested in the Gen
eral Assembly and also appointive offices
of profit which shall have been in
creased during the term.
A good working theory of the duties
of our state law makers negatives the
idea that their attention from the work
in hand should be distracted by multi
farious public activities apart from their
Legislative functions. The proposal
touching the appointment of member
of either house which shall have been
created or the emouments to which
shall have been increased during the
term was borrowed from the Indiana
constitution and is designed to supply a
legislative want peculiar to Vermont
and few of the other states.
AS the constitution is limitation
upon the powers of the legislative de-
partment as distinguished from a grant
of powers to the other two DEPARTMENTS
the Discretionary powers of the legisla-
ture branch are necessarily broad. How
ever much public conscience is offended
by what is generally known as class OF
special legislation though the terms
are not necessarily synonymous, yet in
the Legislature may allow the right Of
eminent domain to private corporations
and make other apparent discrimination
by special charters. 1t is with this sit
uation that proposal seven deals, Thu
provides that no charter of incorpora
ton shall be granted, extended, changed
or amended by special law, except TO
such municipal, charitable, educational
penal or reformatory corporations as ar
to be and remain under the patronage
or control of the state; but the Genera
Assembly shall provide by general law
for the organization of all corporation
hereafter to be created. All genera
laws passed pursuant to this article ma,
be altered from time to time or repealed
The time of the Legislature in bier
NAL sessions is all too short for a con
sderaton of general public questions
Proposers of special legislation are awar
of this and draft their bills with
subtlety that defes perfunctory analy
sis. 1t is no very difficult thing in sue
circumstances to confuse provision
cunningly drafted in the interest of
special privilege with one of broad pub
lie benefit.
Following the example set by
states, the legislature should classif
corporations and formulate REASONABLE
general laws for each class. Provisio
might well be made in such way as t
secure uniformity in the matter of mt
nicipal corporations but the commissio
has purposely avoided proposals alon
these lines,
Proposal eight is designed in form t
supersede chapter two and the existln
% amendments and has to do simpI
with Encouragement for convenien
use of this part of the constitution as
stands. Not the least of the reason
advanced for this Encouragement is on
that will appeal to students and educ,
tors viz that in its present form tn
constitution and amendments is to
complicated for ready understandin
by students in the schools.
Upon the whole, the work of the con