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

must oe SicSteu ny lhe people,
| tAmend. Art. IA
IL. 1t provides In one part OF the
section that they may prepare bills
and enact them into laws, in anoth-
er that they may grant charters and
In still another that they shall have
all other powers necessary for the
legislature OF a free and sovereign
state. They now can do these things
and have legislative powers only in
concurrence with the senate.
(Amend. Art. 81
The result Is that If one turns to
| Section 8 to see what the powers Of
the house of representatives are he
| will find that 1t states them incor-
rectly in at least eleven particulars;
nor can he ascertain what the true
sense OF Section at present is until
he has carefully studied the same in
connection with ten different amend
ments. The courts and the bar can Of
course determine what the constitu-
tonal provision on a given point may
be, although some provisions by this
system of amendments have been left
obscure; but to the average layman
Chapter 2 OF the constitution and its
amendments abound in inconsistent
cies, and in parts are unintelligble
to those who are not trained in de-
termining whether one provision tech
nically supersedes another or is re-
| pugnant thereto.
The fundamental law of the state,
which ought 10 be the simplest and
most easily understood of all, has by
the process OF years become the most
complicated. AS handbook for stu
dents, and surely an acquaintance
with the constitution of our state
ought to be part Of the education of
at least every high school student, it
is most unsatisfactory.
In the last fifty years we have been
compelled to rewrite our public stat
utes four times. in 1862, 1886. 1894
and 1906, simply for the purpose of
conveniently and logically writing into
the statutes the amendments then
existing. The same considera-
tons which make that desirable
and necessary in the case of the
statutes make 1t even more desir-
able and necessary in the case of the
constitution.
The draft submitted is intended to
be simple expression of the chapter
with its amendments as it in fact now
is, preserving so far as possible its
archaic language, but rearranging the
order Of sections so as to group to-
gether those which relate to one sub
tect.
CONCLUSION
We recognize that the foregoing
proposals will undoubtedly seem to
some TO go too far ana to others not
to 60 far enough; but we unanimous
ly recommend them to the careful
consideration Of the next legislature
and of the people Of the state. There
10 ground for honest difference of
opinion as to some of the details of
the present plan of government. There
are some incongruities which If the
constitution were being generally re-
vised 1t would probably be thought
best to remove and there are other
safeguards than those we have recon-
mended being introduced into the
constitutions of other states which
might perhaps profltably be brought
into our own. We have not, how
ever, thought 1t best to propose too
| much.
In the first place, although the
wording of the resolution is broad
enough to permit us to make any pro-
posals We choose, in fact its spirit
did not contemplate that we were to
attempt any general revision of the
constitution. A general revision
should be the work, II not of con-
stitutional convention, at least of a
commission OF general and very repre-
sentative character and embody the
result of full, deliberate and open
public discussion.
In the next place, we are not per-
suaded that there Is In fact at the
present time and under present con-
|
eral revision. If the time lock clause
is eliminated (see Proposal One) and
the possibility exists of initiating
amendments at any session of the
legislature, the discussion of consti-
tutional questions will be encouraged,
and whenever the people desire a gen.
eral revision or radical change it will
be manifested in some plain way.
To shorten this report, and for the
purpose Of the report only, the form
of the proposal is in some cases in
dicated without actually reprinting in
full the section as proposed to be
amended. If the proposals or any Of
them are approved by the legislature
they should express the sections in full
as amended, in the way now most
J commonly accepted for the expression
Of any amendment either to constitu-
tions or statutes. In that way any
amendments adopted can be inserted
In their proper place without being
left to be interpreted in, and the diff
ficulty in that regard with the present
amendments will be avoided.
J II Proposal Eight should be ap-
proved and submitted, then the other
proposals should be so stated that
| they would not only automatically fit
, into the present Chapter and
| Amendments, but also into the re-
vised Chapter 2 If 1t should be adopted
We recommend that all amendments
be submitted individually so that the
rejection of one may not necessarily