The Barre daily times. (Barre, Vt.) 1897-1959, 1910-01-06

Of crime. Section 10 81 Article / OF
the Constitution Of the United states
forbids any state 10 Apass any bill Of
attainder," that Is "a Legislative act
which infiicts punishment without
judicial trial Cummings VS. Mis-
souri, Wall. 277) And Section 20
q our constitution now provides that
no person ought fl any case, or at any
time, to be declared guilty Of trea-
son or felony BY the legislature The
legislature Is forbidden 10 try man
for murder and there Is no iuatifica-
tion IN principle for Il 70 "untry' him.
The present practice under which
all convictions Of murder III the first
degree are reviewed, and practically
must be reviewed, BY the legislature,
is subversiye Of a very fundamental
principle Of criminal law, that pun
ishments IN order 10 be deterrent
should be quick and sure. It occupies
the time OF the legislature with the
consideration Of questions upon which
It Is poorly fitted to pass II arouses
q morbid sympathy for condemned
murderers, unsettles the faith Of the
people in the results OF murder tnaIs
and tends 70 make a spectacle Of the
administration Of Justice. Ii tho peo-
PIE 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.
II the power to commute, remit or
mitigate sentences IN cases OF felony
is taken from the legislature az pro-
posed then the elimination Of the
words and murder" from Section IL /
becomes necessary, as to cover all
contingencies the power 70 grant
mercy should be left somewhere.
PROPOSAL six
That there be added TO the coneti- !
tuition a new Amendment to be known
as Article (2e)- as follows:
ARTICLE (2s). NO senator or rep
resentative shall, during the term for
which he may have been elected, be
eligible to any Office, the election 10
which d vested In the general as.
sembiy, nor shall 10 be appointed 70
any civil Office Of profit, which shall
havs been created. or the emoguments
Of which shall have been Increased, (
during such termi but this latter pro
vision shall not be construed to apply
70 any Office elective BY the people,"
The long existing practice OF meme
beers Of the legislature being candi-
dates for election 10 Office BY the Joint
assembly Is wrong ia principle and
pemicious IN It's influence. II lessons
their Independence as Legislators and
mixes in an unfortunate way elections
and legislation, which ought to be-
entirely diBassociated. the practice
Is also unfair to other candidates be-
fore the joint assembly who are not
members Of tho legislature.
The appointment BY the governor OF
a member OF the legislature 10 an Of
fee which has been created or the
salary Of which has been increased
during hts term Is also contrary to
one Of the most common provisions
Of American constitutions. Section
Article ! Of the United States Consti-
tuition provides that mo senator or
shall have been created. or the emol-
uments whereof shall have been III.
creased during such time This pro-
vision Of the federal constitution or
something very Ike It has been estab-
hshed n thirty two states
time This provision Of the federal
constitution or something very Ike it
has been established in thirty seven
states.
Such provision alone Is not SUM-
Gent for our purpose. because our
system Of election BY the Joint a.
sembly, which Is peculiar to YER
mont and a few ether states, Is more
exposed % abuse IN this respect than
appointments by the executive. Tha
proposal recommended Is an exact
copy Of Section so. 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
70 the Constitution, 10 be known az
Article tso) as follows;
article t3o). No corporation shall
be created by special laws or ITS
charter extended, changed Or amend.
ed, except those fer municipal, chart
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 AT corporations here.
after to be created. An general laws
passed pursuant to this article may be
altered from time 70 time Or Re
pealed.r
In 1904 only 24s pages OF the print
ed laws were devoted to public acts
while 292 pages were devoted 70 acts
granting special charters or amending
existing charters Of private and munl-
cipal corporations In 1906 there were
200 pages devoted 10 public acts and
All pages to special corporate legis-
lation IN 1908 there were 200 pages
devoted 10 public acts and 34s pages
To special corporate legislation
This special legislation not only
makes up the great bulk Of the printed
laws but It occupies good deal Of the
time Of the Legislature which ought
70 be devoted to general public ques
tons It Is quite impossible for the