The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1910-01-08
Supreme Court Judges

Supreme Court Judges
Let's go up on this talk about re-
ducing the number of supreme court
judges and talk about reducing the
size of our elephantine legislature
get il down to a good sized working
number There may be too many
supreme court judges, but il would
be unwise to cut down the number
without fair trial Less than two
years is hardly long enough time 10
decide as TO that-From the Morris
vile News and Citizen
Right YOU are, brother. so far at
least as the supreme court judges
are concerned. IL occurs TO US that
there would be far less of this talk,
if certain ones would devote a few
days TO acquiring some conception
OF what the supreme court is for and
also to getting some little idea of
the great powers with which il is
clothed by he constitution and of
the tremendous responsibilities plac-
ed upon il by law. To show the fall
lacy of any argument for the reduc-
tiou of the number of judges found
ed ON he number of decisions rem
dered lst MS briefly consider what
some of The duties of this court are.
10 was early enacted ~ the legisla-
ture as follows So much of the
common law of England as is apple
able to the local situation and cir
cumstances and not repuRant to the
constitution or laws shall be law i'm
this state; and courts shall take no
now embodied i'm Section 1921 of the
accordingly" This enactment is
now embodied in Sectioi 1921 of the
Public Statutes And so it is safe
to say and We think that the record
will show that this court in construc-
ting the common law and adapting
it to our situation and institutions.
has laid down more rules to guide
the citizen and to define his rights
and duties than ever has the legisla-
tive branch of the state government.
IL is also made the duty of this cOurl
to determine whether or not any act
passed by the legislature conflicts
with some provision of the constitu-
ton. If the court finds that it does
so conflict, then it is declared uncon-
stitutional and wholly void And on
top of all this the supreme court,
when called upon in a case properly
the legislature had in mind, if any
| thing, when il passed the act involy-
ed, and this, it is needless to say, re-
quires not only very great learning
but in some cases, well-nigh super
natural intuition. We might go fur
ther and speak Of the responsible.
ties in reference to life, liberty and
| property when an error in the iudg-
ment of the majority might work ir-
reparable mischief And so all
things considered, we do not believe
that the very great powers and du-
ties resting upon this court should
be entrusted to. any number less than
five.
We might 80 further and truth
fully assert that this court. born
with the constitution, has so exer
cised its great powers as to retain
the confidence and respect of ouI
people Therefore do we the more
deprecate this talk about reducing
the number OF judges, particularly
when It is coupled with discussion
of increased court expenses, lest uu
happily, the unthinking be led to be
lieye that some way this court II
responsible for these expenses. anC
thus a very great mischief be unwit
tmgly wrought by destroying conf
dence in the integrity Of the cour
itself And so we, too, earnesu
urge that our higher courts could b
left alone until the system has ha
at least fair trial; and that on
efforts be directed towards the er
actment Of laws that shall tend t
, improve the method of dealing wit
minor offenders and cases in wha
are now our justice and municipa
courts-for therein, and with certai
officers working under the fee sy
TEN, lies nearly all Of the trouble.
Springfield Reporter