Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1913-01-16
BUT TWO SECTIONS
CONSTITUTIONAL
Supreme Court Rules against
Public Service Commission
Law of 1910.

Montpelier, Jan. 15.-Governor
Fletcher. in an executive message tais
afternoon, transmitted to the General
Assembly the opinion OF the supreme
court in regard to the right of the
public service commission over mu-
nicipal charters. Tho opinion OF the
court is as follows:
In reply to your requirement OF our
opinion as to the constitutionality of
No. 1l5 acts Of 1910. entitled An act
relating to the incorporation of viii
lages and the amendment Of city and
village charters" we have tle honor
to submit the following
1t is a maxim of tn" common law
that delegated authority cannot,
without permission, be delegated by
the person to whom it is given II
that authority involves a trust and
requires tho exercise of the Judgment
and discretion of such person in its
execution.
rls maxim is applicable here, for the
power exercised by the Legislature Is the
peoples power. delegated to it by the
people in the constitution of the state,
which expressly commits to the Lcgisla-
ture the power to constitute towns,
boroughs, cities and counties" This power
is essentially trust, and requires the
exercise Of judgment and discretion in
its execution, and no authority Is given
to delegate IT, The LEGISLATURE must,
therefore, exercise It's own Judgment and
discretion in it's execution az far rs
necessary to diecrarro the PERSONA trust
committed 20 IT, This. however, is not
ayinp that tho LEGISLATURE can delegate
nothing concolnne this matter for there
are undoubtedly some things pertaining
to it that tn" LEGISLATURE can delegate.
But we ar" not called upon to draw the
line between the dolcgablc and the non
deloEablo, nor to suggest a way in which
! tn" dcsid"ratum of a general law for th'
| incorporation of villages can be- attained
| Testing the act by the general prin
| ciple above stated, we think Z goes
too far when it leaves to the commits
| sion to determine the plan and frame
| Of government OF the proposed village
what powers and functions 1t may eX
ercise; and what shall be the limit of
| its expenditures and Indebtedness. for
| these are questions OF legislative 1uds
ment and discretion. and therefore
| their denomination cannot he dele
| gated Nor is this objection ohViatod
as to powers and functions by limit
ing them to specific things as is done
in the eleventh section ot the act for
1T Is still left to the commission to de-
termine in It's discretion what Of thC
powers and functions II will confe< IN
the particular case
We think that sections twelve and
thirteen OF the act are constitutional
They apply to villages only >fter they
are chartered, and have nothing to d.
with the constitution of villages under
| the act Their purpose is to provide
way for taking land by the right Of
eminent domain, and are entirely
separable from the rest Of the act, anC
so may stand though the rest falls,
As to the rest Of the act, even thougi
some Of its provisions may he good. We
all are so connected and Joined together
and form such unified scheme, tina
the good, II any there Is. must fall Will
the bad. So We think the entire act un
sonstitprishal except sections twsve an
thirteen.
JOHN ~. aOWEtL, Chef Judse.
LoSeland Munson. John II. Watson
Seneca IIazelton, George M. Powers as
socate judges.