Bellows Falls times. [volume] (Bellows Falls, Vt.) 1856-1965, 1869-08-20
The Vermont Judiciary.
SHALL THE JUDGES BE APPOINTED BY
THE GOUEpNop2

SHALL THE JUDGES BE APPOINTED BY
THE GOVERNOR?
The Council of Censors have submit
ted proposition to change the present
mode of electing Supreme Court Judges
by the joint assembly of the legislature,
and give the power of appointing them
to the governor by and with the consent
and advice of the Senate. We an
nounced this proposition two weeks ago,
and also briefly expressed our opposition
to it. The Rutland Herald and Bur-
lington Free Press both favor it, while
the Montpelier Freeman and Journal
both oppose it. As pertinent to the sub
ject, therefore, we copy the following:
From the Montpelier Freeman
The Free Press thus writes in respect
to the report Of the Committee of the
Council of Censors, respecting the pres
ent method of electing judges.
Of this, which makes pamphlet of
20 pages, we shall give full abstract
tomorrow. In its conclusion that a
change should be made in the mode of
appointment of the judges of the Su-
preme Court of the State, by substitute
ing the appointive for the elective sys-
!. TEN. giving the selection of the Judges
to the Governor, by and with the advice
and consent of the Senate, and securing
some permanence in the office by max
ing the term of office six years, we hear
tily concur. Vermont, owing to the pc
culiarities Of her people, has suffered far
less than any other State from the evils
of an elective Judiciary. But it must
be allowed that our Supreme Bench is
not what it once was, in respect to abili-
ty, experience and independence. And
we trust and believe that change which
shall tend to secure an increase of those
qualities, by lifting the Bench above the
influences of party strife, and the de-
moralizing effects of dependence upon
the favor Of the Legislature, will be well
coined by the people.
What the court lacks in experience I"
has come about principally, we suspect,
from the fact that the resignation of
Judge Adds, Judge Poland, and Judge
Kellogg, rendered the election of new
judges necessary; and we do not see how
constitutional amendment will be able
to prevent judges from dying or resign
ing.
If the court lacks ability-which there
is no need Of our either affirming or de-
nying-the very best talent and learning
in the State can be secured on the bench
by making the salary large enough for
that purpose. If the Joint Assembly
have ever elected inferior judges, it has
never been as matter of choice.
We deny most emphatica,ly that the
present court lacks independence in
fact decision rendered few days ago
by Judge Pierpoint, against the Rutland
railread-of which Gov Page is presi.
dent-is abundant evidence, if any were
needed. While railroad magnates man
age to be chosen governors of the State,
we do not think we should be more Sc
cure Of an independent court by al
lowing the Governor to name the Judges !;
and it is vastly easier fer railroad inter.
ests to control the choice of governor, or
even the election Of majority of the
Senate, taan fer it to elect majority Of
the Joint Assembly.
From the Montpelier journal.
We are unable to see any very strong
reason for the third proposition, to ex-
tend the term and change the mode of
'electing the judges Of the Supreme
Court. Under the almost constant rule
of the General Assembly to eschew par
ty politics in the election of judges, and
to retain geed men on the bench, tho
term of the judges has been practically
much longer than six years, and the rep
utation Of Che court has been as high
probably as that of any other State. Ii
the proposition we're to limit every judge
to six years and exclude him from reap
pointrient we might assume that the
purpose was 70 infuse new blood into the
court but as it il, wesee no purpose to
be accomplished except it be TO make
the term Of six years absolute. One OBJ
lection will probably occur to every
BODY, and it is that an incompetent judge
VII, " glued to his seat for six yean.-