Year: 1871

To the petitioners for a special session o.
the Legislature, resident IN the counties
Of Chntenden, Franklin and Grand
Isle,


GENTLEMEN


have carefully considered the subject
submitted upon your petitions for an ex'
ira session of the legislature, and adopt
this as the most convenient method OF
conveying to all interested my conclu
sions, with brief statement of the reasons
which have led me thereto. Two reasons
are assigned for special session


First, "that the committee of the House
of Represen tatives," appointed at the last
session, to average and equalize the real es'
tate appraisal, reported basis which dis
eliminates unfairly against the owners of
real estate in ChittendeD, Franklin and
Grand Isle counties"


Secondly, "that the action of said com
mittee was illegal"


will notice these propositions in theil
order Our statute law reposes the duty
of averaging and equalizlng the list in
committee of the House, and provides
that the list certified by such committee
and approved by the House, "shall be the
liat upon which State taxes shall be made
for the succeeding five years" Neither
the concurrence of the Senate nor the
executive approval is required or per-
mitted.


The subject is wholly excluded from
Executive interference. 1t ia the duty of
the committee to act, and it is solely the
4 prprog ,tive of the House to pass iudg-
meut npon the action of the committee.
The petitions do not set forth in what
consists the unfair determination com
pAined of, norm the view which | en-
tertsin-is inquiry on that point neces-
4 sary to determine my action. l simply
we the matter where the statute pre-
sCdbes.


could not convene a special session
ior the first reason alleged, unless salts
6-d Of it's validity, and I cannot deter
mine IT. validity without reviewing the
judgment of the House upon question
of discretion exclusively reserved by our
statute for the consideration of that body.
The second reason alleged for a special
session concerns the legality of the list,
aud suggests question purely Judicial
in it's nature, upon which it would be
manifestly unbecoming the executive tt
express an opinion.


may, with propriety, state that
have conferred with the judges of our
Supreme Court, as to my right to take
their opinion upon the legality of the list
They hold that this question is too re-
motely connected with the discharge OF
any executive duty to come within the
spirit of the statute which authorizes the
governor in certain cases to take their
opinion, and therefore decline to entertain
the question, save in the regular course OF
judicial proceeding.


In tho wisdom of their decision l fully
concur. l am persuaded there would be
an improperly, after the statute has gone
into operation, and personal and public
rights and interests of great magnitude
have become involved, in adjudging this
question in a proceeding to which none OF
those affected are parties.


The present list has been recognized by
the great majority of the people Of the
State as legal, and the larger proportion
of the State tax levied thereon has been
already paid into the State Treasury.


If in the adjustment of valuations
wrong has been inflicted upon any portion
of the State, the responsibility must rest
with that body whose power over the sub
eot was exclusive.


Ii the list is illegal the courts are oper
for redress, but cannot assume its sillegal
ity as a basis of official action withou
usurping function reserved to the ju
dicial branch of the government.


trust the views thus briefly expressed
may commend themselves to your good
Judgment. Entertaining myself sincere
conviction Of their soundness, feel con
strained by strict sense Of duty to deny
: yosr request. .....


remain very respectfully,


JOHN W. STEWART.