The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1875-05-14
THE MUNICIPAL JUDGE.

The question is asked, ''have we judge
of the municipal court "? and we are told
that it is tone of Importance to the people
of Rutland at this time" The argument is
that because Jacob Edgerton was elected
municipal judge, Wednesday. and, at the
same time, held the Office of judge Of the
county court, if he holds on to the latter he
cannot accept the former, or, if he accepts
the former, he, ipso tacto, vacates the latter
office. This on account of some fancied
incompatibility between the two iudgeships.
We, yesterday, stated the general rule of
law to be that two "offices are incompati-
Bile when the holder cannot, in every in
stance, discharge the duties of each" As
a general proposition, we take this to be
both good law and common sense. To il
lustrate the principle of ''incompatbility,
and to demonstrate the immense practical
importance" of this question to the peo-
pie of Rutland, we will quote from the
statute creating the municipal court, as fol-
lows: "When any person shall be in actual
confinement in the Jail of Rutland coun-
"ty, by virtue of complaint for any
crime or misdemeanor alleged to have
been committed in said county, the mu-
nicipalcourt shall, upon the application of
such person, order the states attorney of
g said county to file an information against
" such person, and said court shall" etc.
Martin G. Everts was elected municipal
Judge in April, 1874, and states attorney in
September. He accepted the latter office
December LIST, and consequently vacated
his judgeship. How many persons " in
actual confinement in Jail" were denied the
privilege of an early transfer to states
prison, how much delay there was IN the
administration of justice, how much actual
denial thereof there was on account of this
vacancy our fellow citizens all know. The
history of two years has proved the i'm
menSe importance of this court , What
n pity it would be If 1t should prove to be
judgeless!
In passing, we may remark that Mr..
Everts resigned his judgeship late in the
evening of April 2S, and was Immediately
re-appointed, so that if he had accepted
the office under this appointment, he would
have, ipso .tacto, vacated his states attorney
ship. That might have been of some prac-
tical Importance to the community, but we
question whether the people attach any i'm
portance, even the least, to the municipal
court, care whether il has judge, or who
draws the salary. Surely the court, so far.
has been of no importance to Rutland, or
anyone else except the judge. But impor-
tant or not, person cannot be its judge
and hold an incompatible Office at the same
time. Can Jacob Edgcrton hold the offices
of judge of the county court and of the
municipal court at the same timeY We
believe that he can. We fail to see any in
compatibility between the two Offices We
say this with diliidence and with all due
respect to the legal opinion of one who
signs himself "Lex" His argument is
thus stated In the case before u.s. one
Z" Is q superior and one an inferior court,
in the sense that an appeal lies from the
latter to the former"-that is from the
municipal court to the county court
"Hence," he says, " an acceptance of both
positions would not only involve the
necessity of reviewing and acting upon
A." his former decisions, but would also en-
90 able him to stay and set aside the judge
ments of the municipal court, and hi
cannot exercise that kind of supervision
Sin one capacity over himself in the other
which action of course, would be al
"much against the public policy, as i
\ " would be illegal"