The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1900-08-08
AS to COnstitutiOnality.

A Grout organ up at the head of b is
newspaper row peeps and the note 10
picked up and echoed all along down
the line. The Essex Record, for
example, drones out the inquiry,
"Why today is his (Mr. Dillingham's)
leading newspaper, the Montpelier
Watchman, declaring the Grout bill
unconstitutional" and back from a
dozen editorial throats the echo comes
-"bill--un-con-sti- tion-a.ll'
The query is easy of answer. The
WATCHMAN has never declared the
Grout bill unconstitutional. The Rec
ord's inquiry is simply trick of the
dickey bird. But this circumstance
makes no difference with the other
birds. For them false note is as good
as any note. They have their money
to earn by shouting and any old thing
will do to cry.
The WATCHMAN has not declared the
Parker bill of 1884 unconstitutional.
In nou-editorial statement of some of
the facts respecting the consideration
OF that bill it was said that it was con-
sidered unconstitutional by good law
yers, an opinion in which six of the
nine members Of the House judiciary
committee concurred. One of these
six was the chairman, W. Il. Walker of
Ludlow, who was subsequently chosen
judge of the Supreme Court of the
State. Now, in respect of this opinion
of Judge Walker, his associates on the
judiciary committee and brother law
yers in the House of 1884, some things
are to be kept in mind. The judges of
the Supreme Court are not sent from
heaven. They are of the earth, earthly.
The bench is recruited from the
ranks of the legal profession. What
practical difference is there in COM
potency to judge of the merits of a
| legal question between lawyer of ju-
dicial quality of mind and of legal
learning and experience, who may be
member of the Legislature, and that
same lawyer as judge of the Supreme
Court? AS member of the law-making
| body he is under as strong an oath for
the faithful performance of his official
| duties as when transferred to the
bench. AS legislator today, under
oath, he is as competent to judge of the
merits of legal questi IN as tomorrow
he would be as judge of the supreme
judicial body. Is there any practical
difference between the legal opinion of
Esquire Walker, chairman of the House
judiciary committee, and Judge Walk
er, a member of the Supreme Court?
II in the former capacity he deemed a
proposed law unconstitutional, in the
latter capacity he would be quite likely
to reaffirm his opinion as lawmaker
So, when Esquire Walker and his five
associates-all good lawyers-on the
judiciary committee held that the
Parker bill was unconstitutional, this
fact, for the House of Representatives,
was reasonable conclusion of the
whole matter and it was so accepted.
Is it legislators duty to vote for a
bill, however good it's purpose, which
his legal judgment, conscientiously de.
termined, tells him is unconstitutional?
Is it his duty to cumber up the docket
of the court by helping to send to that
body every wild and unreasonable
measure which either demagogue or
well-intentioned but misguided legis-
lator may devise for the sanction of the
lawmaking body? No reasonable per-
son, or none but an unreasoning par
tisan, will contend that such is the
duty of 4 lawmaker. And yet the
Grout organs, and Lawyer Parker, also,
querulously ask, How could Mr.. Dill
bingham know that bill 1877 was un.
constitutional? That matter, they say,
belonged to the Supreme Court. With
the air of Dogberry, Lawyer Parker
pronounces the child OF his brain-trav-
all, bill 1877, a legitimate and constitu.
Iional offspring. Lawyer Walker, Law
yer Dillingham;, and other lawyers Of
competency to judge, disagreed with
Lawyer Parker.
The Grout papers affect great conf
dence in Lawyer Parker's rank and
conclusions as constitutional parent.
They are cornered by hard necessity,
and they hug his bantling with effu-
sive but very suspicious affection,
Now, had the Legislature Of 1884 been
confronted with the duty of choosing q
member of the Supreme Court, and the
choice lay between Lawyer Parker and
Lawyer Dillingham;, or Lawyer Walker,
or any of the other lawyers of the ju-
| Ill