The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-09-30
The Supreme Court.


Court OF Vermont as a result of the
as chief justice is a problem which
has been the subject OF Widespread
and active discussion.
On one side was Vermont prece-
dent which led to the advancement
OF judges in order OF seniority tow
ard the higher position regardless OF
age or any other consideration.
On the other side was the pro-
nounced sentiment in favor OF the
application to Vermont OF the prece'
dent which obtains in connection
with the appointment of the Chief
Justice OF the Supreme Court of the
United States who Is not always the
Oldest man on the bench, either in
years or in point Of service.
1t was reasonable also TO make
vigorous health and good physique as
well as experience in the courts and
legal learning requirements for the
selection OF judge to fill the yacan-
cy on the supreme bench as associate
justice, and in the promotion or SUI
perior Justice Taylor OF Hardwich
who has been Judge since his cleo
ton by the Legislature in 1906 upon
the reorganization of the judiciary
system and the creation OF superior
Judges. this combination of qualifica-
tons has been secured.
The same thing is true OF former
Northumberland Leighton p.
Slack OF St. Johnsbury who is made
superior justice 10 succeed Justice
Taylor. Justice-elect Slack is in the
very prime OF life. having been born
in 1867 and he therefore has yigor
in addition to other qualifications 10
be considered in another connection.
Governor Fletcher has thus select
ed 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 ben
eft OF their service for considerable
period. Chief Justiceelect Powers,
who will succeed Chief Justice Row
ell at the beginning OF next month,
was born in 1861 and is therefore fif-
ty.two years OF age. Justice Taylor is
fifty and Justice-elect Slack forty-slx.
To prime physical manhood all
three of these men add splendid 9TH
er qualifications. Former Governor
Mccullough long ago said that the
best thing he ever did as executive
was to mage George NJ. Powers a
Judge. and from the way in which
Justice Powers has increased in ia.
vor among men and grown in legal
and judicial stature, il is fair 10 con-
clude Governor Mccullough has had
40 reason TO change his mind, from
that time to this.
The recent decision of the Supreme
Court OF the United States in rela
ton to jurisdiction of States has serv-
ed anew 10 emphasize the fact that
progressive laws are often as much
the result of Interpretation OF exist.
Ing enactment, by our courts as of
new acts by the Legislature itself.
and in this direction as we'll as in
others Justices Powers and Taylor
have shown themselves 10 be fully
abreast Of the times.
Justice Powers has been recognize
ed as an exponent OF advanced
thought on the bench. and Justice
Taylor enjoys the distinction or hay-
ing had less decisions reversed by
tie higher court than any other SUI
perior justice. Both OF these judges
are not only men OF broad legal learn
ing and recognized as able jurists.
but they are also thinkers who have
kept in touch with affairs and who
have won marked favor throughout
the State.
Justiceelect Slack, who is junior
rSpember of the firm of Dunnett 4
Slack. has been lawyer, and is well
versed in the law. as well as intimate
ly acquainted with State interests. AS
States attorney. as State Senator
and as Lieutenant-governor as well as
In his capacity as one OF the mem
bers of the tax commission he dem
onstrated that possession of fidelity
as well as ability. and he is deserved
dy popular.
The reorganization Of the supreme
court which has thus taken place I'M
Questionably sets a new milestone in
Vermont progress. The decisions of
Vermont courts have long beer rec.
ognlzed throughout the nation as of
a high order, and our State has gain
ed gratifying prestige as a result. We
can not rest content with past
achievement. however. and We be-
lieve the TRANSMISSION OF vigorous
young blood will give to the counsel
We expect from older men that ele-
nent OF progressiveness which help
keep Vermont at the very forefront
OF American Jurisprudence.
We can see how 1t has taken some
courage on the part OF Governor
Fletcher 10 depart from mere prece-
dent and take the course he believed
would be for the best interests OF our
people and for the Advancement OF
the commonwealth. When told that
he would be criticised he has said he
proposed 10 do what he though was
the right thing TO do. considering the
matter from a public standpoint, no
matter what the effect might be up
on him personally.
Governor Fletcher has handled q
difficult situation in an admirable
manner. He has lad to disappc!n'
Y:ier able and 3,'oved Nermontc-g.
bu; certainly Il would be difficult u
find three men who better represent
the New Vermont for which We are
all striving than tie Justices OF our
courts named-pows II. Taylor. SLACK