Middlebury register. (Middlebury, Vt.) 1886-1937, 1910-01-07

the Constitution of the United States
iorbids II 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 90
OF our constitution now provides that
no person ought in any case, or at any
umc, to be declared guilty of trea-
son or felony by the legislature " The
legislature is forbidden to try a man
Tor m1trder and there is no iustifca-
'loh III 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 subversivc of a very fundamental
principle of criminal law, that pun
tshments i'm order to be deterrent
should be quick and sure. It 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 trials
and tends to make a spectacle of the
administration Of Justice. If the pco-
PIE OF the state desire to abolish
capital punishment ;hc 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 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 a new Amendment to be known
as Article (29) as follows:
ARTICLE (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
nave been created, or the emoluments
OF which shall have been increased,
during such term; but this latter pro-
vision shall not be construed to apply
10 any otfice elective by the people,"
The long existing practice of mem
bers of the legislature being candi-
oates for election to Office by the joint
assembly is wrong In principle and
pernicious in its influence. 1t lessons
their independence as legislators and
mixes in an unfortunate way elections
and legislation, which ought to be
ehtlrely disassociated. The practice
is ais unfair to other candidates he
lore the joint assembly who are no
members OF the legislature.
The appointment 10y the governor of
a member of the legislature 10 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
q American constitutions. Section 6
Article J of the United states Consti-
idtion provides that no senator or
shall have been created. or the emol-
llhentS whereof shall have boen in
creased during such time" This pro-
Vision of the federal constitution or
omething very like it has been cstab-
lished in thirty-seven states.
Such a provision alone is not sgHi-
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 MS to meet all the re-
q%uirements.
PROPOSAL SEVEN
That "a new Amendment be added
to the Constitution, to be known as
Article 800 as follows:
ARTICLE (3o). No corporation shall
be created by special laws or its
charter extended, changed or amend
ed. except those for municipal. chart.
table, educational, penal or reforma-
wy Rhi POoSS WIllCH dTC 10 De ana 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-
peaIed."
In 1904 only 243 pages of the print
ed laws We're 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
200 pages devoted to public acts and
AL pages 10 special corporate legis-
lation. In 1905 there were 200 pages
devoted to public acts and 34S pages