Orleans County monitor. [volume] (Barton, Vt.) 1872-1953, 1910-01-05


shall not determine individual cases
of crime. Sectioa 10 of Article l Of
the Constitution Of the United States
forbids any state to pass any bill of
attainder," that is "a legislative act
which inficts punishment without a
judicial trial" Cummings vs. Mis-
souri,, 4 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
for murder and there is no justifca-
ton in principle for it to "untry'' him
The present practice under which
all convictions of murder lii the first
degree are reviewed, and practically
must be reviewed, by the legislature,
is subversive of a very fundamental
principle of criminal law, that pun
1shments in order to be deterrent
should be quick and sure. It occupies
the time of the legislature with the
consideration of questions upon which
morbid sympathy for condemned
murderers, unsettles the faith of the
people in the results OF murder trials
and tends to make spectacle of the
administration of justice. If the peo-
pc of the state desire to abolish
capital punishment the legislature
should do SO by a general law and not
by special legislation in substantially
every individual case.
Ii 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 land murder from Section II
becomes necessary, as to cover all
contingencies the power to grant
mercy should be left somewhere.
PROPOSAL SIX
That there be added to the, Consti-
tuition new Amendment to be known
as Article (29), as follows:
"ArticIe (29). No senator or rep
resentatiVe shall, during the term for
which he may have been elected, be
eligible to any office, the election to
which is vested in the general as
sen1hly, nor shall he be appointed to
any civil office of profit, which shall
have been created, or the enoIunents
of which shall have keen increased.
during such term; but this Iatterarro-
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 its influence. 1t lessons
; their independence as legislators and
mikes in an unfortunate way elections
and legislation, which ought to be
y-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
a member Of the legislature to an of
flee 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 1 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 OF
| something very like it has been estab-
lished in thirtytwo states.
! time. This provision of the federal
| constitution or something very like il
has been established in thirty-twc
states.
| Such a provision alone is not suffi
Client for our purpose, because oul
system of election by the Joint as
sembly, which is peculiar to Yer
mont and few other states, is more
exposed to abuse in this respect thar
appointments by the executive. The
| proposal recommended is an exac
copy of Section 80, Article of the
| constitution of the state of Indiana
and seems to us to meet all the re.
/ quirements.
| PROPOSAL SEVEN
That new Amendment be adde,
to the Constitution, to be known a:
Article (3o), as follows:
ARTICLE (3o). No corporation shall
be created by special laws or it,
charter extended, changed or amend
ed, except those for municipal, chart
table, educational, penal or reforma
tory purposes, which are to be and re
main under the patronage or contro
of the state; but the general assembI,
shall provide by general laws for the
organization of all corporations here
after to be created. All general law.
passed pursuant to this article may be
altered from time to time or re.
peaIed."
In 1904 only 243 pages of the print
ed laws were devoted to public acts
while 292 pages were devoted to acts
granting Special charters or amendine