Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1910-01-13
PROPOSAL six


Thar there be added to the csos,.
tuition new Amendment TO be known
- Article (2e), as follows:
"ArtIele (2s). No senator or reo.
ressntatIve shall, during the term for
which he may have been elected. be
eligible to any office, the election to
which 10 vested In the general as.
ssmbIy, nor shall ne be appointed TO
any civil Office Of profit, which shall
have been created, or the enoIumsrts
Of which shall have been Increased,
during such term; but this latter pro
vision shall not be construed to apply
TO any office elective by the people,"
The long existing practice OF men,
bers Of the legislature being candi-
dates for election to office BY the Joint
assembly is wrong in principle and
pernicious In It's influence. II lessenp
their independence as legislators and
mixes IN an unfortunate way elections
and legislation, which ought to be
entirely dlsassociated. The practice
is also unfair to other candidates be-
members Of the legislature.
The appointment by the governor o.
a member Of the legislature to an Of
fee which has been created or tn,
salary OF which has been increased
during his term is also contrary t.,
one of the most common provisions
Of American constitutions. Section s
Article | of the United States Consti-
tuition provides that mo senator OF
shall have been created, or the emol.
umerts whereof shall have been in.
creased during such time" This pro.
vision Of the federal constitution or
something very like it has been estab.
ltshed In thirtN-seven states.
Such I2ni isicn alone is not su n
cient for our purpose. because our
system of election by the Joint ss-
sembly. which is peculiar to Yer
mont and few other states. Is more
exposet 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 us to meet all the re-
quirements.
PROPOSAL SEVEN
That new Amendment be added
to the Constitution, to be known as
Article (30), as follows:
"Article (so). 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.
tory purposes, which are to be and re-
main under the patronage or control
Of the state but the general assemhI,
shall provide BY general laws for the
organization Of ali corporations here
after to be created. All genera, law,
| passed pursuant to this article may b.,
altered from time to time or re.
peaied."
In 1904 only 243 pages of the print.
| ed laws were 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
$50 pages devoted to public acts and
All pages to special corporate legis-
lation. In 1908 there We're 200 pages
devoted to public acts and 34S pages
to special corporate legislation.
This special legislation not only
makes up the great bulk OF the printed
laws but 1t occupies good deal of the
time of the legislature which ought
to be devoted to general public ques-
tons. II Is quite impossible for the
legislature as whole to examine the
details of special corporate 1egisla-
ton. 1t Is largely handled by COM
mittees, and their ideas Of what is es =
sential and non essentsl vary much
from session to session.
The result of special corporate
legislation is the destruction Of all
uniformity, the granting oftentimes
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-
lions Of broad public policy with
someone's desire to gain a special
privilege, and the diversion of the
mind of the Legislature from It's real
public duties.
The proper Office Of the legislature
in this regard should be to carefully
formulate reasonable general corpora
ton laws, the benefits Of which shall
be uniformly available to all who will
comply with their conditions. Cor
porations Of certain kind require diff
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
lights and privileges than there is why
Individuals should have. The seek
fig and giving of special privileges to
particular corporations Is one Of the
rrearest re1roaches upon the cor
1oration system.
With some small qualifications an
! few recognized general exceptions
he constitutions of forty states pro
hibit their legislatures from passinG
special acts Of incorporation and re-
quire charters to be obtained unde,
general laws, and many Of them pro-
hibit any special private corporate
legislation. The provisions Of the
dimor>ut constitutions NAV ba RrOupe(