The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-06-11
THE SUPREME COURT

The trouble is no, in finding men foi
the positions but in determining how
to find them and robe them with their
power The solution which naturally
presents itself is 70 LET the Legislature
elect since the people Of Vermont have
retained the elective principle as OPP
posed 10 executive appointment
The basis for such solution is sound
for 1, is indeed true that the people
have no desire to place in the COVER
nor's hands the power Of appointing
the judges, desiring, rather, that they
be elected by the legislature. There
can be no one who can successfully
question this rock bottom truth. II
comes 70 pass, nevertheless, that there
are some (and their motives need not
be- questioned here) who declare that
II will be necessary for the governor
to appoint successors to the present
encumbents when their term Of office
shall expire in December They claim
this by virtue of one OF the constitu-
tional amendments recently adopted.
Now, were ii held by those who as
sert that the governor must appoint
that he could and would appoint only
for such period until the legislature
had an opportunity TO fulfill its consti-
tutional function and had elected the
supreme court justices, there perhaps
would not arise much Of controversy.
The appointments would be only for
about month. II is not so simple as
this, however, for those who profess
to believe that the governor must APP
point, hold that his appointments must
be for the whole period Of two years,
which would mean, according TO those
who adhere to this view, that each
succeeding governor would have to APP
point until the ten n-year.time lock per
mitted the people once again TO re-
wise their own constitution
II is objected that this would be
fragrant violation of the will of the
people as organically expressed in
their constitution, and it is necessary
to cast about for some other mode of
procedure which will conform to the
popular wish. II is suggested that the
Legislature might be convened in spec
ial session and proceed to the elece
ton Of the judges. This would be in
accordance with the constitution, at
least il would not be in violation of it,
but ii raises the question of whether
each succeeding legislature would
have to be convened in extraordinary
session to perform the same function
until such time as the constitution
might be revised. Such course would
entail some expense but it would
make it possible for the people to Sc
cure their judges in the manner they
desire.
1t is also proposed that the COVER
nor might permit the terms of the
present justices to expire and not APP
point their successors, leaving the
Iilling Of the bench to the Legislature,
which would meet early the next
month. To this it is objected that if
.he governor did not appoint and the
legislature did not elect December
here would be no supreme court, and
hat all litigation pending would fall
o the ground and the food gates of
.rouble would be opened wide. To
his view, which assumes that the su-
)reme court is a collection of men, is
opposed the view that the supreme
,ourt is an institution given us by
he constitution and that its existence
s not predicitcl on the existence Of
my man, or set of men. In other
words, it is claimed that the supreme
.ourt is the supreme court whether its
,ench is full or vacant, and that the
'nly way the supreme court can be
eliminated is for the people to revise
heir constitution to that effect.
Which, after all, seems a common
ense view Of it. Perhaps one result
# the mix-up will be definition of
he supreme court.
1t is quite evident from the above
eview that the situation has become
1t is question whether
his complication is natural or artif-
ial. Nevertheless, it is complicated
ust at this time, and it is also evil
ent that it would not be unpleasing
n some quarters If it should remain
o or even become more confused. II
5 even hinted that the constitution
has been monkeyed with" 1t APP
ears that the organic law as rewrit-
en- reads: "rhe joint assembly may
iennially on the first session after
heir election Tor oftener if need be-
lect judges of the supreme court,
nd there is some questioning Of the
ource of the provision that permits
more frequent election. Some
ssert that the words are properly in ;
luded, some think they are not, while
theirs are in receptive mood. Those
Tho would believe that there Is some
hing rotten in Denmark seem to be
he ones who think the governor (
hVuiu appoIHt'
So 1t develops that there are em- I
elements in the situation; ,
istly or unJustl.', naturally or artiIi- ,
ally, there they are. The above has :
cen an honest attempt TO set forth /
ne various views held by various OBJ d
,rvers. 1t does seem plain that were /
he governor TO appoint for two years /
le Legislature would be deprived o! /
s power 10 elect, ,at the constitution i
iys that the legislature Is to elect. t
hat is to be done? The Messenger 1
pes not know, and it doubts IL there G
any man in Vermont, the governor {
)t excluded, who knows what is to
. done. What ought TO be done h
gain The Messenger is forced TO say
Iat II knows not what the precise
ep should be. But The Messenger
'es know that the constitution Of !
ermont provides for the election Of =
dges; 1t does know that the people )
I'VE never intended TO delegate Tie {
lection Of the judges to the COVER = =
,r, and ii does know that II is the I
'vernor's duty TO square his actions u
Ith the organic law OF the state and
e legal wish of the people b