The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-07-23
non a.

them 10 revise this chapter by ineor
porating therein "all amendments t,
the constitution that are now or ma!
be then In force and excluding there
from an sections, clauses and wordi
no, N force" The criticism referred
to has ceniercd about Section ~ Of th'
chapter, dealing with the election ant
tenure Of the justices Of the s.prcmt
court. lnsinuations Of the baldes
kind have been made, to the eject tha'
the justices took advantage Of theil
opportunity to monkey" with tlt
state constitution and TO "interpoiate'
section that did not belong there il
order to protect their own otiicia posi-.
ton against contingencies possible il
rot likely to arise.
This, of course, is a charge Of the
grayest kind leveled against tribl-
nal Of whose probity and conduct no
suspicion has hitherto been breathed
II it is true no punishment is too swift
or sure, but if it is untrue the parties
making it are guilty of libel, if not
contempt, in its worst form and ought
to receive what is their due for assail-
ing the reputation of worthy and hon
orable men engaged in public service
so skilled and technical that it was
entrusted to them because they seem
ed best fitted in all ways to perform
it.
Some of the milder critics Of the
court have contented themselves with
raising their eyebrows over Section
AZ and blandly asking the reviiors to
explain. These demands have passed
UNDECIDED and probably WI continue.
to be. When a supreme court in the
discharge of its official DIT, does 0
thing, it does not feel called upon to
justify its action in the public prints.
Indeed, we do not believe it would be
possible for the most alert reporter
to secure from any one of the justices
who passed upon Chapter II even
hint of the deliberations by which they
arrived at a result to which they all
subscribed as a legal and proper re-
vision Of the chapter.
With no information whatsoever of
what took place within the court
chambers when Section AZ was consid-
cred, but with full faith in the honor
and probity of the men who acted, we
are submitting our own analysis of
their action, from the facts that are
at the disposal of anyone who cares to
investigate, and from one or two sug
gestions dropped by members of the
constitution commission of 1908 which
went into the subject thoroughly and
framed the amendments adopted in
1912.
What is recognized as the constitu-
ton of Vermont is the constitution
adopted by convention in 1893. 1t is
printed in the Public Statutes as the
fundamental law of the state. There
have meen numerous amendments
since, but no other constitution has
superseded it and it is in force today
exactly as adopted in 1893 save only
in the respects that it has been altered
and modified by these amendments.
In discharging their duty of revision,
then, it was necessary for the justices
of the supreme court to rewrite Chap
ter II so far, and only so far, as to
within the new chapter the
changes contained in these several
The genesis of the present Section
43 is found in clause of Section 9
Of Chapter III of the original consti-
tuition. 1t is the only provision deal
ng with the subject in the whole docu
nent. In outlining the rights and du
les of the first-created law-making
body, "the House of Representatives
If the Freemen of this State" the
,harter of government of 1893 pro-
vded as follows:-"They 1.-THE Repre-
may annually on their
irst session after their election, in
conjunction with the Council { or of
ener if need be) elect Judges of the
supreme and several county and pro-
'ate Courts, Sheriffs and Justices Of
he Peace; and also, with the Council,
nay elect Major-Generals and Briga
from time to time, as
ften as there shall be occasion"
This provision has never been spec
fically repealed and Of course remains
n full force down to the present, save
IS subsequent amendments have af
ceted it. Let US examine these and
zee what changes the have wrought
n it.
The first is Article 2, which mere
y substituted the title, blouse of
representatives" for the more ornate
md imposing title originally bestowed
IN the law making body.
The second is Article 3, which Great
ID the Senate as a portion of the legis-