Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1905-03-08
MOREVETOES
BY GOV. TooLE
Axe 70 Applied % the Measure In.
creas'ns the Membership Of the
Supreme Court.
REASONS FOR HIS ACTION
House Fails to Pass the Bill over the
Governors veto-Dairymen's
Claims Knocked Out,

aelena, M6rCn I'm the following
communication Governor Toole vetoed
house bill 2S7:
II herewith return house bill 2s7
a bill for an act to amend sections
IL and Is Of the code Of civil pro-
cedure relating to the supreme court,
and providing for two additional JUS
tees Of said court, and fixing the
terms Of the additional Justices, pro-
viding for the election of their sue.
cessors, and providing for the ap-
pointment of the persons who shall
hold Office Of additional Justice for
the first TERM without my approval
and my objections thereto.
1T may be that the supreme court
is in need Of two additional justices
for the proper transactions of its bus
mess. My opinion, however, is that
the supreme court commission has
rendered valuable assistance, and that
the docket of the supreme court will
be practically cleared by the first day
of April, and that the supreme court
commission have been advised &C.
cordingly, and upon this information
in making my estimates Of the expen-
SEES of the state government, no furth-
er appropriation was asked for the
supreme court commission on that &C.
count. There is general impression
that the business of the. supreme
court ought to be turned off speedily
from day to day as presented, but it
is believed that the careful considera-
ton of cases demands that even after
opinions are prepared that the legal
questions involved and the rights Of
parties, would not SUITE, If they shall
be held for a reasonable time for
further consideration. A properly and
orderly disposition of business in the
courts does not require that opinions
shall be run continuously drought he
judicial mill like Stag through fur.
mace.
"This bill provides for two asso.
ciate justices to be appointed by the
governor, one of which shall be ap.
pointed for period Of four years and
another for a period of six years.
Section six of the constitution is
as follows: The justices of the su-
preme court shall be elected by the
electors of the state at large as here.
matter provided
Section "a of article provides as
follows: Vacancies in the Office of
justice of the supreme court or judge
of the district court or clerk of the
supreme court shall be filled by ap-
pointment by the governor of the
state. A person appointed to fill any
such vacancy shall hold his office un-
til the next general election and un-
til his successor is elected and quail
fed
1.-THE moment the legislature provid-
es for increasing the supreme court
by adding two new justices thereto,
that moment there becomes vacan-
cy; then the Office exists without an
incumbent, and is vacant whether it
be a new or an old Office. A new
house is as vacant as one tenanted
for years or one which was abandoned
yesterday. We must take the words
on their plain and usual sense.
1T seems remarkable that such ex.
traordinary power should be placed in
the hands of the governor or any other
person to make appointments, which
extend beyond two general elections,
when one or both of these additional
judges could be elected by the peo-
pie. If such q thing is possible under
the provision of the constitution which
I have cited, to the effect that a per-
son appointed to fill vacancy shall
only hold his Office until the next gen.
eral election and until his successor
is elected and qualified, what emer.
gency or special occasion can be
found or assigned for continuing these
justices in Office over such a long
period of time, when, as have said,
two elections intervene? An incum-
bent so appointed by the governor
might be distasteful to his legitimate
constituency and the theory of the
government for electing justices of
the supreme court subverted, and it's
practice in that regard be prevented.
The practice under our constitution
is that the will of the people shall
periods, and the body of our laws in
this respect is harmonious. IT the
legislature says an eminent judge OF
the court Of appeals of the state OF
New York, may take from the people
of locality the power at properly
returning occasions of electing Ger.
tain officers, it effectually draws to
itself the power of filling those Off
ces.' That certainly is what the leg
islature in this bill does when it pro-
vides for one justice for period of
four years, and in the case of the 9TH
er, for period of six years, notwith-
standing the intervening elections.
Section of article 8, providing for
an increase in the justices of tn
supreme court, says, among other
things: If the legislative assembly
shall increase the number of justices
to five.. the first terms of Office of
such additional justices shall be fixed
by law in such a manner that at least