The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1870-05-03
Constitutional Amendments.

Constitutional amendments.
ELECTION OF JUDGES
X. V. Marsh, Esq, has been publish
ing in the Rutland Herald series of
comments upon the proposed amendments
to the Constitution, and in the issue of
Thursday last is paper giving six rea-
sons for opposing the amendment provid-
ing for changing the mode of appointing
the judges Of the supreme court, from
election by the legislature, to appointment
by the Governor with the consent of the
Senate. After FIVE weighty reasons in
themselves sufficient it would seem to in
auence the candid citizens of Vermont
against this dangerous innovation, he gives
the following, which we commend to the
perusal of all voters who favor impartial
ity and efficiency in the laws.
Great corporations encircle and per-
meate the State with railroads. Other
corporations, armed with dangerous pow
ers and monopolies conferred upon them
by special acts of the Legislature, com.
bine with these greater corporations in
one general concerted system OF efforts to
control all nominations to office; to con-
troll the elections--and, finally, to gorern
the State. Illuminating as it may be to
our State pride and boosted freedom and
equality before the law, yet it is our du.
ty to look the matter square in the face,
and bow to the authority of stubborn
facts What are the facts for nothing is
gained and much lost by suppressing them
They have been too long suppressed al.
ready.
Can any one doubt that combination
Of these great interests will control the
elections, unless all good citizens unite
and combine in selEdefense ? In the alb.
sence Of vigorous and combined opposi-
tion on the part of the people, is it not in
the power of the railroad corporations to
elect the Governor and majority of the
Senate every year? Have they not done
it for the last seven years Can there be
a doubt on this point
Now let us pause for a moment and see
what bearing these facts have upon the
subject under discussion. 1t is well
known that these Corporations frequently
have great litigations in the Courts. They
are full Of lawsuits and many time re.
sist an honest claim for years rather than
create what they term ga bad precedent"
by paying it. One of these Railroad Cor
porations (by its Trustees has been fight
ing huge lawsuit in the Supreme Court
and Court of Chancery for FIVE or six
years. 1t has employed troop of lawyers
embracing the best legal talent in the
State. 1t has paid out immense sums of
money taken from the earnings of the
road. And all this has been done, we
now learn by the final decision of the
Court, to resist an honest claim ofsevera
hundred thousand dollars, secured by a
hrst mortgage on the road. Bear in
mind that during four of these six years
we had railroad President for Governor
and for the other two years we had a
Governor supposed to be in the interests
OF, and fully committed to, railroad
management. Still further, remember
that, during two of these eventfu years,
we had railroad President for Governor
who was the actual party in this railroad
suit, resisting, by all the means in his
power, the collection of an honest debt.
Here then comes the final point at issue
and the main issue is the case to be de-
termined by the people. Surprising this
amendment TO the constitution had been
adopted seven years ago, giving the nomi.
nation of the Judges Of the Supreme
Court Saying nothing of their appoint.
ment) to the Governor. The Governor
then makes the Court, for no man can be
Judge unless his name is endorsed by
the Governor. Is any one so blind anc
infatuated as not to see that no mar
would stand chance to be elected Judge
who was not right on railroad question,
and railroad management both in and GU
OF the Courts? 1t is said that Corpora
lions have no souls" Certain it is they
never do things by halves. They never
stop to higgle about means when the,
have an end in view. In all their schem
lngs and undertakings the one great cen
trail idea and object is--scccEss. They
want laws in their favor. They want tn,
decisions of Courts in their favor. Ant
in order to do this they must pack ant
control caucusses-they must make tn,
nominations and control the elections.
Is indispensable that they have the Cover
nor, majority of the Senate, and a
many members of the House as possible
But the Supreme Court! Here is tn
rub. This is the "Mordecai in the King
gate that so toubles these Corporation
monopolies-changing their joys into grief
What can be done. A bright idea pre-
SCENTS itself and dazzles the vision with
long panorama of brilliant victories.
grand scheme entitled a " constitutions
amendment" that no man shall be Judg
without the consent of railroad Cover