Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-05-05

judiciary are subject to their will. As a
general rule they have the Senate and
Governor and if, in Some moment of in.
1atuation, you concede to them the Su-
preme Court Through the nomination Of
the judges by the Govornor) their power
Is unlimited and perpetual. The people
are slaves-forever slaves-to relentless
despo..
But some may imagine this picture toe
highly drawn, that the men who control
railroads are pure and high minded good
citizens and christian gentlemen who
would scorn the idea of unduly inhuenc.
Ing the Courts, the Legislature, or the
people. All that need be said in reply to
this is that the whole history of railroad
corporations and railroad management
throughout the country for the last thirty
years abundantly proves the correctness
OF every statement I have made. The
proof is cumulative and overwhelming,
and it is certainly unnecessary here to
waste time and space in summing it up.
As one practical illustration, however,
of the various modes adopted by railroad
corporations to influence not only leading
citizens but the judges themselves while
on the bench, | cannot forbear abiding
to an incident published, not long since,
in Windsor paper and copied into the
HERALD. 1t appears that the. late lament
ed Senator Collamer, while Judge of the
Supreme Court, was holding his Court in
one of the Counties on the East side of
the Mountain. While thus engaged he
received, one days. very polite and civil let
ter from manager of one of our principal
railroads, asking his acceptance of an en-
closed free pass upon the road. This
brought to the recollection of the Judge
that there was then pending in that very
Court an important suit in which the
aforesaid railroad corporation was party.
Thinking that the possession of this pass
might have tendency to influence his
opinion, or at least to create suspicion
of that character in the minds of other, he
Immediately wrote letter and returned
the pass by the next mail. Two reflections
strongly impress the mind in connection
with this incident.
FTrSt-It is not at all certain that some
other Judges, under similar ciroumstan-
oes, receiving pass, would have spur9ed
the proffered bribe and returned it, as did
Judge Collamer. It mast hare been q
knOOledge Of this fact that induced the
Railroad Manager to send it. Hosts OF
others had received it cheerfully, gladly
and were now coumted as the true friends
and willing tools of the road in all cases,
without why or a wherefore, Then
why not Judge Collamer so they reason,
consent to boone d dead head" and
champion of the road This being the
only instance of which we have any rec
ord where free pass has been rejected
it proves, conclusively, the prodigious
power welded by these corporation s
among the political managers and wire
pullers throughout the State by means OF
this almost universal practice of dead
heading"
Second, If railroad corporations would
thus boldly attempt to influence or bride
Judge, just on the eve of trying one OF
their cases, how much more likely would
they be ito obtain his pledge when they
had the power to prevent his appoint
ment2 Invest them with the sole right
to nominate all these Judges Through a
railroad Governor) and think you another
Judge would ever be seen deciding cases
against railroads ? If d free pass will in
fluence and bride, how much more so will
the certain and known power of these
corporotions to appoint the judges? They
can cut off the Judges head or give him a
free certificate of election for six years,
with an annual salary of over two thous-
and dollars. If these things are done in
the green tree, what shall be done in the
drv
TENURE OF OFFICE.
BY the present Constitution the Judges
of the Supreme Court are elected annual
ly and hold their office for one year. By
the proposed amendment Tor biennial ses-
sions the term is two years. By the pro-
posed amendment for the appointment Of
the Judges by the Governor, they hold
their Office for the term of six years.
1 am decidedly opposed to the election
of Judges for six years and in favor of
their election for two years, and will sug-
gest some reasons in favor of this position.
In the first place, if the " frequent rocur-
renee to fundamental principles is abso-
lutely necessary to preserve the blessings
of liberty and keep government free,
then is it equally necessary to have fire.
quent elections of all those officers and
Judges who are lor ought to be- the repre-
sentatives and opponents of these princi-
Piles. Human nature is such that men
can be influenced and tempted by selfish
considerations far easier, and with great
er facility, when long lease of Office is
secured to them than when their capaoi-
ty and conduct is subjected to the scrutiny
OF uSui Sl6GLiULs. ANO OAO AACCA ACdI
the ordeal of frequent elections but those
WHO ought to fear it. Our present system
has worked well since the first organiza-
ton of the government Able, upright
Judges are always reelected. Who has
ever heard of a Judge of the Supreme
Court of Vermont who had proved faith
full, honest and capable that has been re-
jeoted by the peoples representatives, ?
On this point there is no danger. The
danger Turks elsewhere.
Second, But the weightiest objection to
prolonged official tenure is this. If the
Judge proves incompetent or corrupt there
is no remedy during his official term, ex-
cept impeachment, and that is mere
scarecrow that never amounts to any
thing. We shall then, when too late,
find ourselves in the condition of many
other States where the Judges are bought