The Barre daily times. (Barre, Vt.) 1897-1959, 1913-10-28
THE JUDGE APPOINTMENTS.
Burlington Free Press Thinks Fletcher
Showed Courage in Them.

court OF Vermont as a result of the res
ignation Of the Hon. j. w. Rowell al
chief justice, is problem which has
been the subject OF Widespread ant
active discussion.
On the one side was Vermont prece
dent. which led to the advancement 81
the judges in order of seniority toward
the higher position, regardless OF agt
or any other consideration.
On the other side was the pronounced
sentiment in favor of the application tc
Vermont Of the precedent which obtain
in connection with the appointment oil
the chief justice of the supreme court
Of the United States who is not Away
the Oldest man on the bench, either in
years or in point of service,
As the Rutland News well said al
the very outset of the discussion, The
appointment of man in the prime Of
life like Judge George Nj Powers would
be generally commended" and this sen
timent was reflected in the columns Of
the press In various other sections of the
state as well.
Other evidence Of the need of man
at the head OF Nermont's judiciary sys-
tenn possessing vigorous physique and
marked energy, in addition to the keen
mentality which eharacterizes all of the
members Of the supreme bench, was az
forded by the recent action OF the Wind
ham county bar in relation to court
procedure, and the meeting Of this ex-
pectation and demand is no reflection on
the legal qualifications Of any judge
whatsoever.
If this consideration was 10 prevail in
connection with the selection of a chief
Justice. Ii was reasonable also to make
vigorous health and good physique as
we'll as experience in the courts and le-
gal learning requirements for the selec.
ton Of "a Judge TO fiii the vacancy on
the supreme bench as associate justice,
and in the promotion of Superior jus
tice TAYLOR Of Hardwick, who has been
Judge since his election by the legfs-
lature in 1908 upon the reorganization
of the judiciary system and the creation
of superior judges, this combination OF
qualifications has been secured.
The same thing is true Of former
Lieutenant Governor Leighton p. Slack
of st. Johnsbury, who il made q superior
Justice to succeed Justice Taylor. jus
tice elect Slack il in the very prime Of
life, having been born in 1867, and he
therefore has vigor, in addition TO other
to be considered in an
other connection.
Governor Fletcher has thus selected
for promotion three men in their best
physical manhood in order that in the
natural course of events the people OF
Vermont may have the benefit of their
service for a considerable period. Chief
Justice elect Powers. who will succeed
Chief Justice Rowell at the beginning
of next month, was born in 1861 and is
therefore 50 years Of age. Justice Taylor
Is 80, and Justice-eleet Slack 40.
To prime physical manhood, all three
of these men add splendid other qualifi
cations. Former Governor Mccullough
long ago said that the best thing he
ever did as executive was 60 make
George NJ. Powers a judge. and from
the way in which Justice Powers has
in favor among men and grown
in legal and judicial stature, it is fair
to conclude Governor Mccullough has
had no reason to change his mind, from
that time to this.
The recent decision of the supreme
court Of the United States in relation
to jurisdiction of states mas served anew
to emphasize the fact that progressive
laws are often as much the result OF
of existing enactment, by
our courts as of new acts by the legisla
lure itself, and in this direction as well
rs in others, justices Powers and Tay
or have shown themselves to be fully
abreast of the times.
Justice Powers has been recognized a
IN exponent Of advanced thought on the
bench and Justice Taylor enjoys the dig
.inetion of having had less decisions re-
5ersed by the higher court than any 9th
II superior Justice. Both of these Judges
ire not only men OF broad legal learn
ng and recognized as able iurists, but
hey are also thinkers who have kept in !
ouch with affairs and who have won /
marked favor throughout the state.
Justice-elect Slack, who is Junior .
member of the firm of Dunnett & Slack. !
las been the office lawyer, and is well /
'ersed in the law, as well as intimately /
acquainted with state interests. As .
tate's attorney, as state senator and /
IS lieutenant governor, as well as in his I
apacity as one of the members of the /
lew tax commission, he demonstrated
he possession of fidelity as well as abil
ty, and he is deservedly popular.
The reorganization of the supreme
curt which has thus taken place un
sets new milestone in
7ermont progress. The decisions of Yer.
mont courts have long been recognized
the nation as of high order,
L ! :
ige as a result. We can not rest CON
emit with past achievement, however,
nd we believe the TRANSMISSION of vigor.
us young blood will give to the counsel
re expect from the older men that ele-
tent of progressiveness which will help
eep Vermont at the very forefront of
meriean Jurisprudence.
We can see how it has taken some