Herald and news. [volume] (West Randolph, Vt.) 1878-1943, 1910-02-10

7 er that they may grant charters and
In still another that they shall have
all other powers necessary for the
legislature OF 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 IL one turns to
Section to see what the powers OF
the house OF representatives are he
win find that it states them incor-
rectly in at least eleven particulars;
nor can he ascertain what the true
sense OF Section 3 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-
tional provision on 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 unintelligible
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 to be the simplest and
most easily understood of all, has by
the process of years become the most
complicated. AS a 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, II
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-
lions which make that desirable
and necessary in the case of the
statutes make II 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
ject.
CONCLUSION
We recognize that the foregoing
proposals will undoubtedly seem to
some to go too far and to others not
to go far enough; but We unanimous
ly recommend them to the careful
consideration of the next legislature
and of the people of the state. There
is ground for honest difference Of
opinion as to some of the details of
the present plan of government. There
are some incongruities which IL the
constitution were being generally re-
vised II would probably be thought
best to remove; and there are other
mended being introduced, into the
constitutions OF other states which
might perhaps profitably be brought
into our own. We have not, how
ever, thought it 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, If not of a 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-
ditions a necessity for any such gen.
eral revision. II 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 gen.
eral revision or a radical change It viii !
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
dictated 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
commonly accepted for the expression
of any amendment either to constitu-
lions or statutes. In that way any
adopted can be inserted
in their proper place without being
left to be interpreted in, and the diff
fculty in that regard with the present
will be avoided.
II Proposal Eight should be APP
nrovad and submitted then the other