The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1910-01-06


Art. 2O.) February LIST seems to be
the earliest practicable date and is
as near the beginning of the calendar
year as the present provision, which
makes their term begin December 1st.
PROPOSAL FOUR
That Section ID of Chapter 2 of the
constitution be amended to read as
follows:
"Section IA. The votes and pro.
ceedings of the general assembly shall
members of either house think it
necessary as soon as convenient af
ter the end of each session, with the
yeas and nays of the house of repre-
sentatives on any question when re-
quired by ten members, and of the
senate when required by two sena
tors, Except where the votes shall be
taken by ballot), in which case every
member of either house shall have q
right to insert the reasons of his vote
upon the minutes"
The constitution now provides that
any one member of the general as
sembly (meaning at the time of the
adoption of the constitution the house
of representatives may require the
yeas and nays to be called upon any
question. This provision at times
has been abused. 1t certainly invites
diliatory tactics and puts it within the
power of an individual member to un.
reasonably retard the progress O
business. 1t is within common
knowledge that the yeas and nays are
! often demanded for that purpose
alone.
There is only one other state which
gives one member that right, and tina
is the state of Delaware, whose lowe
| house consists of only thirty fiv,
members. Other states which have
any constitutional provision on tn
| subject require more than one membe
or else some fraction of the mem
bership like one tenth, one sixth
| or ne-fifth. In the beginnin.
the membership of the house of repre-
sentatives was small and the right o
one member to demand the yeas ant
nays then was a very different thin!
from permitting 1t now.
The size of the house requires tina
| the right should appertain to a Ger
tain number of members instead of
certain fraction of the membership
otherwise, the determination of tn
fraction would practically result il
| making the same delay as the calling
of the yeas and nays itself.
PROPOSAL FIVE
That Section 20 of Chapter of tn
Constitution be amended to read a
follows:
section 20. No person ought il
any case, or in any time, to be de
clared guilty of treason or felony, b.
the legislature, nor to have his sen
tence upon conviction for felony com
muted, RENTED or mitieated by tn
legislature.
And that Section II of Chapter
land murder" where they occu
{ therein.
Section II of Chapter 2, relating t
the powers of the executive, provide
that the governor shall have powe
to grant pardons and remit fines, i
all cases whatsoever, except in trea
son and murder; in which they the
shall have power to grant reprieves
but not to pardon, until after the en-
of the next session of the assembly
and except in cases of impeachment
in which there shall be no remission
or mitigation of punishment but b
act of legislation The inference i
drawn from the above that the powe
to commute sentences for murder
which is Withdrawn from the govern
or, was intended to be given to tn
general assembly, and the general as
sembly is accustomed to exercise tina
right, If not by inference from tn
passage quoted, then under its unre
stricted sovereign powers.
The right to extend mercy to a per
son convicted of murder in the frs
degree being withdrawn from the gov
ernor by the constitution, Section
1866 of the Public Statutes provides