Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1919-03-13
'SCRAPP|NG DAY"
IN LEGISLATURE


House this morning by vote Of 1893 to
63 agreed to amend the House rules, so
that when the House adjourns on Satur-
day morning. It will be to meet again on
Monday evening at 1890 o'clock.
COMMITTEE OF THE WHOLE
During the afternoon fron 4:3o to $50
the House went into committee of the
whole, on motion Of Mr.. Aiken of Putney
to consider H. 25i, relating to former
acquittal, and II. 252, relating to excep-
tons by the State in criminal cases.
These bills have to do with the preven-
ton Of retrial OF criminal cases, and are
made retroactive to include the case of
State VS.. Anna Fetch, tried in Orange
county court two years ago, and now up
for retrial OF errors found By the. Su-
preme Court.
When II. 251 was taken up, It was OPP
posed by Mr.. Cudworth of Londonderry
on the ground that the bill was intro
duced to take care of ane case. When
the House went into a committee of the
whole, the speaker called Mr.. Cudworth
! to the chair to preside. Judge A. G. Fay
Of Barre spoke in favor of both bills in
question. John c. Sherburne of Randolph
States attorney of Orange county, spoke
against the bills on the part of the
State.
JUDGE FAY EXPLAINS
Judge Fay reviewed the common law OF
| England after which. he said, the Grim
| inal laws OF our country are patterned.
and which provides that person once
| tried for a crime could not be tried again
| for the same crime after a verdict had
once been delivered on the case through
| the due processes of law. The speaker
explained that this law had become part
, OF the laws Of this country. had been
written into the original laws of this
State, and was now the law in all but
two or three Of the States OF the Union.
The law AZ It now reads. said Judge
Fay, provides that a person cannot he
retired on a new indictment for the same
crime and the proposed change which the
bill would make is to add the words "or
the same which would prevent re-
trial on the same indictment.
Mr.. Webster OF Swanton interrosated
Judge Fay regarding the Felch case in
which Judge Fay had represented the re-
spondent, and the speaker explained
what errors had brought the decision of
The Supreme Court for a new trial.
Mr., Sherburne, in explaining the
States side of the matter. reviewed
some of the details Of the case in ques-
ton and maintained that the judges
who presided at the trial had stated
that they felt that there had been a
miscarriage Of justice in the verdict
Of not guilty, which had been brought
in by the Jury and that II the Judges
had not been agreed on this point the
case would not have been taken to the
Supreme Court.
Mr., Sherburne was questioned by Mr.
| 80 T1A, o,NA Y,,I.
Fay was interrogated by Mr.. Tracy
OF johnson as to whether he (Judge
Fay thought that a Judge would allow
a case to go to the Supreme Court II
he did not believe that there was g
miscarriage Of Justice In the case.
Judge Fay replied that he did moi
think that would have anything to dc
with II. He thought the Judge would
allow an appeal according to law re-
gardless of his own opinion regarding
the evidence
SENATE-MORNING
The two uniform law" bills, S. 43 ant
S. n, which have taken up a great dea
of time in the Senate, came up as specia
orders in the Senate this morning. They
were both killed. after some debate, tn,
vote being 16 to II in each case. Senator
Villas, Amey and Steele urged the passage
OF the bills, while Senators I.aFleur, Carr
and Daniels were opposed. S. AZ proposed
to make uniform the law of partnerships
while S. - would make uniform the Law
Of sales of goods. These bills have beer
previously killed and reconsidered
The Senate passed: S. st, to amend tn,
charter Of the city OF Rutland in respec
TO municipal elections; II. 81, relating t,
exemptions from taxation; Fl. 23s. relating
/ tia
provide for the purchase OF supplies To-
the Soldiers Home.
Two bills were introduced In the Senat,
both from the committee on corporation
and franchises. 8. So authorizes tn.
Public Service Commission to gran
further exemptions in relation to tn
weight Of railroad bridges: and S. 80 pro
vides for 80 days notice, instead of i
days, by public service corpora tons, t.
Public Service Commission OF propose,
changes In rates.
HOUSE-ATTERNOON
The temperance of II. 223, creating
the Office of State fire marshal. was tn
cue for fresh burst of oratory. Afte
Mr.. Mcfarland Of Hyde Park had urge,
the passage OF the bill. and it ha,
been opposed by Mr.. Austin of High
gate and Mr.. Tracy of Johnson. who in
sisted that the measure was unconsti
tutional, the bill was refused a thir,
, reading.
Tho House passed II. 262, relating
to the charter Of the village of Spring
field; H. 263, permitting the town o
Rockingham to appropriate money 70
care of certain cemeteries; H. 264, re
lating to issuance Of commissions t.
Justices of the peace. and II. 26b. re
: lating to the returning of votes 70
> county officials.
Just before the close of the after
noon session, Mr.. Master OF Madison
moved that the House reconsider it
vote whereby it last evening refuse
a third reading to H. 1919. providing TO
a bounty on black bears. Pending thi
question, the House adjourned Tn
. BLACK Bear measure will, therefore
be up for consideration again the frs