The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-08-03
Who Enacted Section a.?

He CdIClul dHdly DID VI lhS iOoooho
which, in the writer's belief, warrant
ed rewriting Section 40 OF the ccnsti-
tuition to include the words, ''or often
er If need be- compiled by Ex-SeHa-
tor Luther b. Johnson OF the Ran
dolph Herald and reprinted in yes
terday's issue of this paper, is an ar
ticIe which is distinctly entitled to
the prominence given it and should
be read by every citizen Of the state.
The Herald must confess to pro-
found admiration for the persuasive
character of the argument as well as
the evident patriotic purpose which
inspired 1t, but finds itself at a loss
to understand why in revising this
second, ii was necessary to go back
to the charter of government Of
1888 for a phraseology which has not
appeared in the published constitu-
tons of the state substantially for
40 years.
The authority 70. biennial elect
ions of the judges Of the Supreme
court seems unquestioned, and the
court seems unquestioned and the
authority of the Governor to fill va
cancies provides against any possible
hiatus.
Why then the ancient land honor
able) "or oftene' if need be-"
The above from the Rutland Her
aid CT July Gath, is a very good ex-
ample of the ignorance shown by the
editors who have attempted to com
ment on the recent revision of the
Constitution by the Supreme Court
Judges.
Judging from most of the com
ments, it would appear that the writ
ers had not taken the trouble to LOOK
at the Constitution as it was before
the revision and after.
The Herald editor says that the
phraseology used, to wit: "(or Otter
er if need bel" has not appeared in
the published constitutions for 40
years.
Perhaps he did not know where to
lcok. but the last authorized publica-
ton is in the Revised Statutes OF
1906, and there on Page So, in Sec.
ton .. are the words TOR oftener if
need be)" and study of the history
of the constitution will show that the
same words, always in parenthesis.
have been in the constitution from
the beginning.
Further, he mentions the charter
of government of 1888. There was
no charter of government of 1888.
Our present constitution is that of
1898, with the various amendments.
Any intelligent man may, by a
trief udy o. The constitution as
published in the Revised Statutes Of
9pe. and a comparison with the new
revision. readily see and understand
Why the famous cor oftener il need
bel' is left in the revision as it now
stands.
The 18th Amendment provides for
the election Of Supreme Court Judges
bi-ennially. but soes not provide the
manner OF election; Therefore the orr
ginal provision OF the constitution
for election by the Assembly is in
force as To the manner of election
This provision includes the phrase
question which could not be relG
out OF il.
Would not The udge have been
open 10 criticism ii he had deiiber-
ately left out this safo-gua d?
The constitution provides that the
Governor shall supply every vacancy
in any office. occasloned by death oil
D herwise until the office can be dlI-
| ed in the manner directed by law or
this constitution.
Did tho editor Of the Head read
this before he wrote his editorial OF
July 25th. the day af.er the editorial
quoted above?
Does this not mean that in case of
vacancy. such as win occur this lalI,
tho Governor may appoint until a
| special session or until the next ECU
lar session?
Where does the editor OF the Her
aid get his authority for saying the
Governor viii appoint ior two yea S?
Public sentiment is generally in
favor OF election OF Judges rather
than appointment by the Governor.
and il i; had not been the evident de
sire Of some of the pape-s to set
something on The Supreme Court,
they would have favored any prcvi.
sion providing for elections as need
ed by the Legislature.
AS II is, they rush into print wi.
demands on tho Supreme Court 20 cx
plain what they might readily have
ascertained for themselves if they
had taken the trouble TO look.
II Is altogether too common now
to criticize our higher Courts and
judges. and IL seems too bad 60 hold
our We mont Court nm fo crfsiri.p,