The united opinion. [volume] (Bradford, Vt.) 1881-1970, 1910-01-07

shall not determine individual cases
of crime. Section 10 of Article l of
the Constitution of the United States
forbids any state to pass any bill of
attainder," that is "a legislative act
which inf1icts punishment without
judicial trial" Cummings VS.. Mis-
souri,, Wall, 277.) And Section 20
of our constitution now provides that
no person ought in any case, or at any
time, to be declared guilty of trea-
son or felony by the legislature" The
legislature is forbidden to try a man
for murder and there is no justifca-
ton in 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 subversive of very fundamental
principle of criminal law, that pun
ishments in order to be deterrent
should be quick and sure. 1t 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 or the
people in the results OF murder trials
and tends to make a spectacle Of the
administration of justice. If the peo-
PIE of the state desire to abolish
capital punishment the legislature
should do SO by 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 "and 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 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
have been created, or the emoIuments
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 mem |
bers of the legislature being candi-
dates for election to Office by the Joint |
assembly is wrong in principle and |
penicious in its influence. 1t lessons |
their independence as Legislators and
mixes in an unfortunate way elections |
and legislation, which ought to be
entirely disassociated. The practice
is also unfair to other candidates be-
fore the joint assembly who are not
members of the legislature.
The appointment by the governor of
member of the legislature to 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
of American constitutions. Section 6
Article l of the United States Consti-
tuition provides that mo senator or
shall have been created, or the emol-
uments whereof shall have been in
creased during such time" This pro-
vision Of the federal constitution or
something very like it has been estab-
lished in thirty-two states.
time" This provision of the federal
constitution or something very like it
has been established in thirty-two
states.
Such a provision alone Is not sufi-
cient for our purpose, because our
system Of election by the joint as
sembly, which is peculiar to YER
mont and 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 80, Article of the
constitution of the state OF Indiana
and seems to us to meet all the re-
quirements.
PROPOSAL SEVEN
That a new Amendment be added
to the Constitution, to be known as
Article (3o), as follows:
"ArticIe 1907. No corporation shall
be created by special laws or its
charter extended, changed or amend
ed, except those for municipal, chari-
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
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-
pealed."
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 ,
260 pages devoted TO public acts and !
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