Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1910-01-07

shall not determine individual cases
OF crime. Section 10 of Article l of
the Constitution of the United States
forbiGs any state to pass any bill Of
nttainder." that is "a legislative act
which inflicts punishment without a
judicial trial" Cummings VS.. Mis-
souri,, 4 Wall. en- And Section 90
of our constitution now Ssyides 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 justifica-
tlon in principle for it 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 a very fundamental
principle of criminal law, that pun
ishments in order to be deterrent
should be quick and sure. 1t occupies
the time of the legislature with the
consideration of questions upon which
1t is poorly fitted to pass. 1t arouses
a morbid sympathy for condemned
murderers, unsettles the faith of the
people in the results OF murder trlals
and tends to make a 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.
If 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 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 a 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
sembIy. nor shall he be appointed to
any civil office OF profit. which shall
have been created, or the emoIuments
of which shall have been increased,
during such term; but this latter uro.
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. II lessons
their independence as legislators and
mixes In an unfortunate way elections
and legislation. which ought to be
entirely dis8ssOCiatvds Tt, rfactice
is also unfair to other candidates be-
fore the joint assembly who are not
members of the legislature.
The appointment by the governor OF
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 l of the United States Constl-
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 it has been estab-
lished in thirty-two states.
time" This provision of the federal
constitution or something very like it
has been established in thirty-tw0
states.
Such a provision alone is not suff-
cient for our purpose, because our
system of election by the Joint as
sembly, which is peculiar to Yer
mont and a few other states. is more
exposed to abuse In this respect than
appointments by the executive. The
proposal recommended is an exact
copy Of Section 30, 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 added
to the Constitution. to be known as
Article (30), as follows:
ARTICLE (3o). No corporation shall
be created by special laws or its
charter extended, changed or amend
ed, except those for municipal, chari.
table, educational, penal or reforma.
tory purposes which are to be and re
main under the patronage or control
of the state; but the general assembly
shall provide by general laws for the
organization of all corporations here
after to be created. All general laws
passed pursuant to this article may be
altered from time to time or re-
pealed."
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 amending
existing charters of private and NUM-
cipal corporations. In 1906 there were
260 pages devoted to public acts and
All pages to special corporate legis-
lation. In 1908 there were 200 pages
devoted to public acts and 34S pages
to special corporate legislation.
This special Legislation not only
makes up TIE great bulk of the printed
laws but 1t occupies a good deal of the
time of the Legislature which. ought
to be devoted to general public ques-
tons. 1t is quite impossible for the
Legislature AS whole to examine the
details of special corporate legisla