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

ofasnHston cf ai corporations here
after TO be created, Al general la.
passed pursuant 10 thls article may b
altered from time to time or re
pealed."
In 1904 only 2is pages Of tho print
ed laws were devoted ~ public act
while ~? pages were devoted 10 act
granting special charters or ainendlnt
existing charters Of private and muni
cipal corporations In 1906 there wcr,
?e0 pages devoted TO public acts ans
sSi pages to special corporate lcgis
lation. In 1908 there were 200 page,
devoted 10 public acts and sis page,
to special corporate legislation.
This special legislation no, onl,
makes up the great bulk of the printed
laws but Il occupies good deal Of the
time OF the Legislature which ought
to be devoted TO general public quos
tons, II Is quite impossible for the
legislature as a whole TO examine the
details OF special corporate legisla-
uon. II is largely handled by COM
mittees, and their ideas OF what Is es-
sential and essential vary much
from session TO session.
The result OF special corporate
legislation Is the destruction OF all
uniformity, the granting oftentlmes
OF privileges which ought not to be
granted. the omission In many In.
stances OF safeguards which ought to
be preserved. the confusion OF ques-
tons OF broad public policy with
someone's desire to gain special
privilege, and the diversion OF the
mind OF the Legislature from its real
public duties.
The proper Office OF the legislature
In this regard should be to carefully
formulate reasonable general corpora
tion laws, the benefits OF which shall
be uniformly available to all who Will
comply with their conditions. Cor
porations Of certain kind require dlf-
ferent privileges from corporations OF
another kind but there is no reason
why all corporations OF the same class
and under like conditions should not
enjoy the same privileges. There is
no more reason why corporations OF
the same class should have varying
rights and privileges than there is why
individuals should have. The seek
ing and giving of special privileges to
particular corporations Is one OF the
greatest reproaches upon the cor
poration system.
With some small qualifications and
few recognized general exceptions
the constitutions of forty states pro-
hibit their legislatures from passing
special acts of incorporation and re-
quire charters to be obtained under
general laws, and many OF them pro-
hibit any special private corporate
legislation The provisions Of the
different constitutions may be grouped
under few types. The type fol-
lowed by the most states Is that OF
the Illinois constitution, which is
substantially the proposal recon-
mended.
In fourteen or more states municl-
pal corporations can only obtain char
ters under general laws. The grant
ing OF varying charters to the numer
our small villages In this state, though
not so Objectionable as private cor
porate legislation is subject to much |
OF the same criticism. Some general
municipal law broad enough TO meet |
the requirements at least Of all VII |
lagos would be very desirable: but II |
has not seemed to us best TO include |
In the above proposal any constitu-
tlonal limitation upon municipal legis-
lation
PROPOSAL EIGHT
That the annexed draft Of new
Chapter 2 of the Constitution marked
Exhibit I (or such modification OF II
az may be decided to most correctly
express the existing provisions) be
adopted to take the place Of present
Chapter and the existing 20 articles
Of amendment.
This proposal is not intended either
10 add to or take from the present
constitution as now In force, but
simply to put 1t in convenient and
usable form.
The existing constitution OF Yer
mont was established July ., 1893. II
has been amended five different times
lin 1928, 1885, 1850, 1870 and 1888.
These amendments cover twenty
eight articles. some Of them contain
ing more than one section.
Article 13 OF the amendments pro-
vdes that such parts and provision
only Of the constitution as are altered
or superseded by any OF the first
twelve articles OF amendment or are
repugnant thereto shall thereafter
cease to have effect Although un-
expressed, such is also the effect OF
au later amendments The amend
ments have never been written into
the constitution; but the constitution
entire and the amendments entire are
printed together and what has been
altered or superseded by any Of the
or is repugnant thereto
remains entirely matter Of interpre-
tation, except the 43rd section speci-
fically abrogated by Amendment
Article rs. Section T.
OF the forty three sections OF Chap
ter 2. fourteen have been amended
one or more times. and Of the twenty
eight articles Of amendment six also
have been amended There are
twenty sections or articles, there
tore, which no longer stand as they
read.
Section 3 is an extreme example OF
he extent TO which these changes,
In the text Itself have
gone. This section relates 10 the
powers Of the house Of representatives
md is still printed In the constitution
10 originally adopted.
/. II provides that they shall meet !
he second Thursday OF October. The /
late now ia the first Wednesday OF |
october tAmend Art. 2f) !
g. II provides that they shall be- i