The Barre daily times. (Barre, Vt.) 1897-1959, 1921-01-20
BUTTON OPPOSED
COURT POWERS
For the Vermont Public
Service Commission, of
Which He Is Chairman
SEPT. ELECTIONS
ALSO CONSIDERED
In Hearing on Proposals of
Amendment to Vermont
Constitution

Melvin G. Morse. tax commissioner and
secretary of the commission which pre-
pared the report on the proposed
amendment; Hale X. Darling, who ap-
peared in behalf of proposal eight, Civ
ing the public service commission the
powers of court; Walter A. Dutton of
Hardwick, chairman of the public serv-
ice commission, who opposed proposal
eight; W. j. Bigelow, who spoke in fla
vor of "a new proposal which provides
for the election of one third of the rep
resentatives every two years for a pc
Rod of six years; Mayor Harry 6.
Shurtleff of Montpelier who opposed
the minority proposal removing the
timelock from the constitution.
Senator Villas of Chttendeh county
was called to the chair to preside dur
ing the committee of the whole, into
which the Senate resolved itself TO CON
slider the proposals of amendment. SEN
ator Villas brought forward two new
proposals of amendment last evening,
one of them the Bigelow proposal TO
elect one third OF the members of the
House every two years and keep them
in service six years, and the other
proposal to limit the membership of the
House of Representatives to IS, distrib-
uted among the several counties accord
ing to population.
Increasing Power of Public Service
| Commission.
The eighth proposal was taken up
| first, and Hale X. Darling spoke at
some length in its favor, declaring that
it has been established through de
cision of the supreme court that the
public service commission now has no
power to enforce findings, that it has
not the powers of a court Mr.. Darling |
said that he believed that some means |
should be employed to give the public
service commission, or some commits.
sion, the power to compel recognition
Of its authority, and it seemed that the
most satisfactory way TO do this would
be by means OF Il constitutional amend
ment giving the enforcement powers to
the public service commission
W. a. Dutton, chairman of the public
service commission, who had come in
while Mr.. Darling was talking, was
then called upon to express his opinion
on proposal eight Mr. Dutton said that
he had not come prepared to speak on
the proposal, but that he had given it
attention in general way. He said
that the first thing to be considered
when approaching consideration of the
of Vermont is that it is
a fundamental law, the rights of the
people established by written docu-
ment. Such a document should not be
amended, said Mr.. Dutton, unless it is
absolutely necessary
AS to proposal eight" continued Mr..
button, II did not know that the com
mittee had touched upon this subject |,
until after the report was made. II
hardly seems TO me that this is neces-
sary. When YOU fix this court, YOU fix
i beyond the power Of the legislature
TO remove it, even though it works I'M
satisfactorily"
Mr. Dutton went on to say that, IL a
'Ourt could be established TO deal with
matters pertaining to the public service !
such court could also be
established for other matters, thus es-
ablishing precedent which might lead
. difficulties. Our government is three
old, he continued, and il Is not good
'olicy % mix the powers Of any body
Here is a proposition to create :
curt which would be both an admins
rative and executive BODY" said Mr. =
button, and he went on TO say that he :,
id not see how such court could do !
NY more than the courts which al +,
eady exist in enforcing the findings of =
he commission. =
Questioned by the chair as to wheth- !,
r or not the commission had had trou- )
le in enforcing its DEGREES Mr.. Dutton =
aid that there were only two gases = =
'hich he knew of where the decreesI :.
ad not been followed out. He answered =
everal questions put TO him by Mr..
'arling, regarding the powers Of the :,
In these answers. Mr.. Dut- :
IN suggested that better way to =
lend the difficulties which may exist
! this connection would be to handle i
through legislation, so that the legis- Z,
Iture would have full control Of the :,
latter, and could repeal the law it il
ID not work out, while a constitution u
amendment, once adopted. would !,
ave to stand for at least 10 years. n
September Elections. q
VI. G. Morse was called upon to ex- ~
lain the proposed amendments one by :
ne He took up each briefly and told =
hat the purpose was and why il had =, y,
zen reported favorably by the com =
ission. ~
In connection with proposal seven, =
r. Morse called attention to tho mi .
lrity report signed by himself and -
Dmm - Toner Gushing. This i the pro- -
,sal To return TO the September cleo -
ms Mr. Morse said that the only
al reason for this proposal. a. far a.
could see, was y put Vermont into Gu
p limelielt once in four years as
litical barometer. He thought that W,
e expense connected with an extra
sction did not justify this.
Compulsory Voting. :
Mr.. Morse said he did not suppose
at proposal nine. providing fer com
lsory voting. would receive very
lch Favorable attention by the SEN
e but b. contended that there il
lch 10 b. said for il. II connection
n minority proposal one. % remove
: timelork from the constitution. Pr
lrse declared that ~ reverenccd the
lstitut ion - much a. anybody bot
did not thuk Z more sacred than
people who made a. and D. th0u-ht
b the people should have the power
amend ii Whenever THE time seemed
aN-rs-L- --s-a-s -