The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-12-24
the next Legislature 20 restore the
constitutional order in this respect
Would Begin Term February

the next Legislature "a restore the
constitutional order In this respect
Wonld Begin Term February
One way 10 DO 50, which ought TO
appeal TO all fair minded men, would
be for the Legislature at its approach
ing session 10 amend Section 1923 so
as 10 make the term Of justices Of the
Supreme court begin on the first day
Of February; for the justices recently
appointed to resign 10 take effect at
that time and for the Legislature in
Joint Assembly 10 elect justices for
a term Of two years to begin Febru-
AIRY /.
Such a course would preserve the
effect of all the constitutional and
legal requirements, the justices so
elected would be elected by the Joint
Assembly, they would be elected for a
term Of two years and their term
would begin In accordance with the
statute. Most important Of all the
constitutional order would be restored
Such procedure would be no re-
Election upon the action Of Governor
Fletcher nor upon the justices whom
he has appointed and would most com
port with the dignity Of the court.
Whether the Joint Assembly would
elect the newly appointed justices
or those whose term expired Deem
Der i, or otherwise is not the question.
Whomever they elected would be
elected not only in accordance with
the letter but with the spirit of the
Constitution.
Justices Should Resign
This proposal includes the sugges-
ton that the Supreme court justices
should voluntarily resign, that is that
they should cooperate to carry out
the plain mandate of the Constitution.
| cannot for one moment do any of
them, whether he be an old member
of the court or new appointee, the
injustice to believe that he would hest
tate TO do so.
No justice Of the Supreme court for
the sake of clinging to his office would
permit himself to be a stumbling
block in the way Of restoring consti-
tutional order.
There are other methods that might
be considered for restoring the cleo
ton of the judges to the Joint Assem-
bly,, but it ought to be unnecessary to
consider them.
Superior Judges Statutory Creation
The case of the superior judges
stands differently. Their Office was
created by the Legislature and the
beginning and the length Of their
term of service is fixed by statute.
Section 1912 now provides that they
shall be elected biennially by the
General Assembly, in the manner pro-
vided in the Constitution for the cleo
lion of justices of the Supreme court.
Section AZ of the Constitution pro-
yides that "the Joint Assembly may
on their first session after
their election Tor oftener if need be-
elect judges of the several
County courts" That is what our
superior judges really are. This pro-
vision, however, does not require that
hey be so elected.
If the Legislature would rather give
Up the responsibility of electing super
or judges, it may put that duty upon
he governor, but in that caseit ought
o amend the law and deliberately
give the power of appointment to the
executive.
On the other hand, if the Legisla-
.ure wishes to preserve the long estab-
ished policy of the state in regard to
the election of presiding judges of the
County courts, it can easily do so.
That might well be accomplished in
some such way as suggested with
reference to Supreme court justices.
Question of Public Policy
Another question of somewhat diff
ierent character arises in this connec-
lion as regards officers whose APP
Dointments by statute rest with the
governor. By the change in the date
IF election many such appointments
have fallen to the retiring governor
and, unless the statutes are changed,
will continue to fall to retiring gov
,rnors rather than to incoming ones.
The question is one of public policy.
Is it preferable that retiring gov
ernor should appoint those officials
who make up more or less the admin
of his successor or should the
,erms of such officers be so fixed that
heir appointment will fall to the gov
,rnor with whose administrative pol
cies they are to be identified ? The lat
er has heretofore been our policy, and,
+ the Legislature believes that a prop
n policy, they will naturally make
iuch changes as will restore that sys-
,em.--St. Adams Messenger.