The Brattleboro reformer. (Brattleboro, Vt.) 1907-1912, 1910-01-07

case. OF in any liAs. 10 be declared saii'
u treason aF feleRF. ~ lhs issisiasgn
zoe 10 have his senlsaee apen eensieiie
for fslaRy eommulei. Femllied % miI
gated b. the legislators"
Ana that sesiisn u 81 Chapter : !
amshasd b. omillins the words an
murder shsFs they eeeaF shsfsiA-
Section II % Chapter ,, reiasias 10 u
powers % The executive, provides sha
Inc governor ',sAali have power 10 sfah
psfiens AID fosniI nness In all ease
Whatsoever, except Ia Treason % m0tdei
in which they lhel shall have power I
sfahg FspFieVes. bat not 10 pafston. ant
AFTER the end % the neat session af ~
assembly ana except In cases % i'm
peaehsneni. ia which there shall he u
remission 0F mitigation ~ puhishmea
bat b. act Of legislation" The infefsne
Is dra9n from the above that The Rewe
10 commute sentence Cor murder. Mhiel
10 withdrawn from The governor, aas In
tended Ga be given 10 the srneFal Assem-
bly,. and the general assembly Is aeens
toned 10 exercise that right, II not b.
Inference from the passage quoted. thei
under it, unrestricted sovereign powers,
The right 10 extend mery "a pefsoi
convicted % murder Ia the frsl desre'
being withdrawn from the governor b,
the constitution, Section I'D Of the Pub
lie Statutes provides. Ia order 10 permit
the legislature 20 extend such mercy 4
Il chooses. that ma person sentenced q
suffer the punishment az death shall h
executed previous 10 the iirst daY al
af .sN4sza ~ h. "a
the general assembly following such SEN
ienre"
Tho execution Of death sentence II
thereby usually postponed from one "a
two years. and an appeal 10 the icgisla'
lure for Communication Il practically al
ways made, The attorneys and friends
OF the convicted man are not considered
a. have exhausted his defense until such
an appeal Il made and Sifenuonsly PRESS
ed, The result II that the case ~ every
person convicted Of murder IN the FIRST
degree must be ihreshud over IN the leg
stature. and the evidence and proceed
inss are supposed 10 be reviewed and re-
considered by large body. neither
trained nor Intended for such work. II
the purpose OF such review IL 10 see
whether any mistake or error has been
made in the trial. that il purely a Jl-
dicial question and should appertain
finally 20 the supreme court. II IL be a
question OF mercy. Il II a principle com.
mon TO all American constitutions that
such a question N executive and should
ippertain 10 the governor or pardonlng
board.
There are special and Justlfable reasons
why the power 20 remit or mitigate pun.
shment IN case OF treason or lmpeach-
nent might be taken from the Governor
IL such cases often involve executive
,fiicers or else effect the general public
Iafety: but neither OF these consider.
Itions applies 10 the case OF murder. The
OF individual murder cases
" the legislature Is an assumption u
ther judicial or executive powers. OF
10Th. and contrary 10 the spirit Of Sect
ion Of Chapter OF the Constitution
which provides that the legislative. exp
cutive and judiciary departments shah
q separate and distinct. so that neither
xerclse the powers properly belonging
D the other"
II Is a fundamental principle Of our In
litution that legislative bodies shall not |
etermine Individual cases OF crime
ection 10 OF Article OF the constitution
the United States forbids any state to
pass any bill OF aitaindeT," that Is
A legislative act which infllcts punish
ent without n Judicial trial" Cum
Iings vs.. Missouri, Wall. 217) And
ection 70 OF our constitution now pro-
dvs that no person ought In any case,
: at any time. to be declared guilty OF
'eason or felony by the legislature"
he legislature is forbidden 10 try a man
,r murder and there is no justification
principle for II TO ''untry" him.
The present practice under which all
,nvlctions of murder In the first de-
rec are reviewed, and practically must
, reviewed. by the legislature is sub
srsive OF a very fundamental principle
criminal law. that punlshments In
der to be deterrent should be quick and
ire. II occupies the time OF the legis-
ture with the consideration OF ques-
ons upon which II Is poorly fitted TO
,ss. II arouses n morbid sympathy for
,ndemned murderers, unsettles the faith
the people In the results of murder
ials and tends to make a spectacle of
lie administration of justice. II the
,ople of the state desire to abolish cap
n punishment the legislature should do
by general law and not by special
gislation In substantially every indi-
dual case.
If the power to commute, remit or
itigate sentences In cases of felony Is
ken from the legislature as proposed, |
en- the elimination of the words land
urder" from Section II becomes neces.
ny, as to cover all contingencies the
,wer to grant mercy should be left
mewhere.
.oposal 6.-To Make Members of Leg
islature Ineligible to Offices Created
or Enhanced By 1t, or Within It's !
Power to Fill.
That there be added to the Constitu- {
IN a new Amendment to be known as
'ticle (29), as follows; /,
Article (29. No senator or represen- !
tive shall, during the term for which
may have been elected be eligible s
any office, the election to which Is I
sted in the general assembly, nor shall {
be appointed to any civil Office of
e emoluments of which shall have been
creased, during such term; but this
ter provision shall not be construed to p
ply to any office elective by the peo- A
)" o
'he long existing practice of members
the legislature being candidates for
ction to Office by the joint assembly p
wrong in principle and pernicious in
influence. 1t lessons their independ- .
,e as legislators and mixes in an un- a
'tunate way elections and legislation, .
ich ought to be entirely disassociated. III
e practice is also unfair to other candi-
les before the joint assembly who are q
members of the legislature. 81
he appointment by the governor of =,
mber of the legislature to an Office u
ich has been created or the salary of =.
ich has been increased during his III
m is also contrary to one of the most "a
nmon provisions of American consti- :,
ions. Section 6, Article of the United sh
ties constitution provides that mo D.