The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-08-13
THE SUPREME COURT AND THE
CONSTITUTION or VERMONT

" kafA AshsaAHA " ftf' -
wish TO say AZ the outset that this
letter is not written In criticism Of any
person. but 20 make clear, II can,
some eond in our State govern
ment cleft over after the adjourn
ment OF the las, session Of the Legis-
lature and the adoption Of the amend
ments TO our constitution at the March
election 1912.
There appears to be some confusion
of thought as TO whether We can or
shall have a supreme court from the
first day Of next December, and If we
do have one, whether the justices can
be appointed by the Governor TO serve
from that date until the next Legls-
lature shall elect their successors or
whether the Governor should appoint
for the term Of two years. No new
amendments to the constitution can
be proposed and acted upon until 1920,
So il the Governor can appoint JUS
tees to serve for two years from the
last day Of next December then il is
claimed in some quarters that no
succeeding Legislature for ten years
can elect justices Of this court, but
that they will be appointed by sue
cessive governors every two years
during that period of ten years. For
the sake of brevity and clearness this
argument is made to apply to justices
of the supreme court but it may equal
ly apply to superior judges who are,
under the constitution and laws,
judges of the county courts.
Suppose we notice first what the
constitution in 1893 says about having
courts. Section 4, chapter 2, provides
that courts Of justice shall be main
tanned in every county in this State"
Here is a mandatory declaration bind
ing on the people because they have
adopted it. Therefore it is the con-
stitutional duty of somebody to see
that such courts are maintained and
without interruption.
By section IL, constitution OF 1913
(which has never been altered In this
respect) the Governor is given power
to Supply every vacancy in any office
occasioned by death or otherwise until
the office can be filled in the manner
directed by law or this constitution"
Now what it vacancy occasioned by
death or otherwise? Resignation
would create vacancy, but what else
After the present term of the justices
expires on the last day of next Nov
ember, will there not be vacancies I
There is no provision in the constitu-
ton and never has been that justices
of the supreme court shall hold over
until their successors are elected and
qualified. e. - :. >'''
By the amendments Of 1912, the
next biennial term will begin on the
first Wednesday after the first Mon
day in January, 1915.
Article rs, amendments of 1870,
provides that "The judges (now JUS
tices) Of the supreme court shall be
elected biennially and their term of
office shall be two years" They are
elected by the General Assembly, but
the constitution never has fixed the
exact date of their election. This
date is left for the Legislature to fix
and by public statutes, section 253,
that date was fixed in 1895 as the
third Thursday after the biennial
meeting and organization" of the
House of Representatives and the SEN
ate. No change has been made in that
date. So that the next Legislature
unless it amend said section 253, will |
meet to elect such justices on the
third Thursday after its organiza-
ton. By constitutional amendment of
1912 No. 2, section 6, the term of the
Governor and other State officers,
county officers, representatives and
justices of the peace was extended
until the term of their successors
shall begin; but nothing is said about
extending the term of justices Of the
supreme court and superior judges,
and it has been held by the courts in
some States that the legislature has
no constitutional power to extend the
,erms of State officers which are fixed
by the constitution.
Now what does the word vacancy"
mean as stated in said section g? 1t
vas said in a recent case MAY II,
.9l1,) by the supreme court of one
State in considering what the word
vacancy" as used in the constitution
# that State meant, that: "The word
as applied to an Office has no
meaning. An existing Office
an incumbent is vacant. There
5 no basis for the distinction that it
Ipplies to an Office created by death,
or otherwise" In another
state il has been recently held that