Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1910-01-07
VERMONT'S
CONSTITUTION
Proposals Of Amendments Made
b. Official Commission
TEXT OF REPORT TO GOVERNOR

Change Date For State Election and
Sitting Of Legislature, Forbid Mem
bers of General Assembly From
Taking Office Created by That Body,
Prohibit Special Charters For Cor
porations, Etc.
His EXcellency. George H. Prouty,
Governor of Vermont:
The commission appointed by you.
under the authority of a Joint Reso-
luton (No. 4l9) approved Nov. llth,
1905, to prepare and present to the
next session of the general assembly
proposals of amendment to the Con
stitution of Vermont, with suggestions
in support of the same, have the
honor to present the following:
PROPOSAL ONE
That Section / of Article (25) of
the Amendments to the Constitution
be amended to read as follows:
ARTICLE (25). Section /. At any
session Of the general assembly of this
state the senate may, by vote of a
majority of its members, make pro-
posaIs of amendment to the constitu
ton of the state y"
Continuing through Section l the
same as nOw.)
The change in our constitution most
needed at the present time is to re-
move the restriction which prevents
any proposals of amendments oftener
than once in ten years. This prOVi-
sion is in the 25th Article of Amend
ment, adopted in 1870, and is popu-
larly known as the time lock clause. !"
1t ought not to be necessary to
change frequently the fundamental
law of state. Much of the respect
accorded a constitution is due to its
permanency. The accepted ways to
save constitutions from rapid changes
at the mere whim of a majority are
to require that proposals of change
shall be adopted by considerable ma
1orsty OF the voters or be passed upon
more than once or be approved in
more than one way.
The constitution of the United
States was in the nature of COM
promise contract and there were Spe~
Cial reasons for guarding it against
sudden and unnecessary changes; but
there is no restriction in it, except
a limitation long since expired, upon
the time when proposals of amend
ment may be made. Nor do we know
of any other state that has attempted
to tie its own hands as the state of
Vermont has done by the time lock
clause.
The great changes occurring in the
life of this state, in common with the
whole country, raise novel questions
which must be met as they arise.
We are utterly opposed to the spirit,
in recent years manifest in some of
the newer states, of loading up a con-
stitution with matters that belong to
the statute books only. The method
and number of times of consideration
should continue to be eXaCting: but
being so safe guarded the people
should be free to make such changes
as the occasion requires. We are
much more likely to hold to conserya-
tive, safe and sane changes if the pos
sibility of making them always exists
than If every tenth year the legisla
ture is compelled to propose all the
changes which can possibly be re-
quired during the following decennial.
The present requirement that a pro-
posal cannot go to the house of repre-
sentatives except by a two thirds vote
of the members of the senate Is re-
strictive in the same way upon the
right of initiative. 1t is inconsistent
also with the fact that only a major
ity of the senate In the next legisla-
ture is required to concur in the pro-
pOsal. There is no good reason why
the proposal of constitutional changes
should be more difficult than their
adoption. Proposal One, therefore,
also changes the vote of the senate
necessary to propose amendments
from twothirds to majority, the
same as is required in the house Of
| representatives the first session and
in both houses upon concurrence the
next session, and of the vote of the
people upon final adoption.
PROPOSAL TWO
That Article (11) of the Amend
ments to the Constitution be amended
to read as follows:
"ArticIe ~. Every bill which shall
have passed the senate and house of
representatives, shall, before it be-
comes a law, be presented to the gov
ernor; If he approve, he shall sign it;
| if not, he shall return 1t, with his OBJ
jections in writing, to the house, in
which It shall have originated; which
shall proceed to reconsider it. If, up
on such reconsideration, two thirds
of the members present of the house
shall pass the bill, it shall, together
with the objections, be sert to the
other house, by which it shall, like
wise, be reconsidered, and, if ap-
proved by two thirds of the members
present Of that house, It shall become
a law. y"
Remainder of Article the same as