Essex County herald. [volume] (Guildhall, Vt.) 1873-1964, 1886-08-20
THE SUPREME COURT.

III Is -FOUR years yet before an
amendment can be proposed to the
constitution, but when that time
comes it is to be hoped that the
people of Vermont will be ready to
give their supreme court judges a
longer tenure of office. Two years
is a term too short for the people to
discover whether good choice has
been made or not, unless the choice
is conspicuously bad. 1t is too short
to justify good lawyer in giving
up his practice for judicial service.
1t is too short to leave the Judges
independent.
This last is the worst objection.
To be sure, our judges have gencr-
ally been reelected, and they have
most always been men of too much
character to seek reflections; but
this is because the people have been
better than the system. The system
permits the liveliest rotation, and in
case of an even balance between
parties, we should see as frequent
changes here as they saw in New
Hampshire few years ago.
1t is not mere partisan considcra-
tions, however, which make the sys-
tenn dangerous. 1t sometimes hap
pens that influences exists in states,
which are strong enough to dominate
both parties. The canal interest
once did this in New York and the
railroad interest in New Jersey; the
Standard Oil interest has come dan
gerously near it in Ohio. In case
such an influence should exist in
Vermont, having its secret agents in
every town to look after caucuses
and conventions, it would not be n
difficult matter to pack the legisla-
ture against any judge who might
be obnoxious TO the "power behind
the throne"
In such case the judges could
not feel independent if they tried.
Having entered the public service,
they Of course had to give up prac-
tice. If they have heen upon the
bench good while they cannot re-
turn to the bar and suddenly pick
up good practice, and especially if
they are getting old, as most judges
are. If they are poor, as often
happens, they are compelled to re-
main so, for the niggardly salary
paid in Vermont only barely sup
ports them; therefore they cannot
avoid feeling Of anxi ETY. for them
selves and their families every time Il
new legislature is elected, if, during
the two years they have made decis-
ions that lead any powerful party,
company or man to retire them.
This anxiety might not go to the ex-
tent of weakening their judicial
probity, but the state is unwise and
unjust to subject them or their
friends to the necessity of ever
thinking about their reelection.
1t is well enough to preserve our
system of electing by the legisla-
ture. We are just as likely to have
good results from it as we should be
from appointments by the governor,
and probably more SO. But the
tenure ought to be for ten years or
until a judge reaches 65 years of
age or falls into physical or mental
disability or some disqualifying con-
duct, IN which case there ought to
be some method of removal other
than by impeachment.
These remarks are made now, not
becattse there is any present sugges-
ton of them, but because it usually
takes several years of discussion of
an important change before the
people all get ready to act upon it,
and it is none too soon for the edu-
cational process to begin.-Rutland
Herald.