St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1914-07-22
PRESS COMMENT


SGGNAOM 4Oa
Ever since the revision of Chapter
II of the state constitution made its
appearance, newspaper critics have
been busy. This revision was done
by justices of the Supreme Court
at the command of the people who
directed them to revise this chap
ter by Incorporating therein "aIl
amendments to the constitution that
are now or may by then in force and
excluding therefrom all sections,
clauses and words not in force" The
criticism referred to has centered
81 bout Section 43 of the chapter, deal
ing with the election and tenure of
the justices of the Supreme Court
InsinuatiOns of the baldest kind
have been made, to the erect that
the justices took advantage of their
opportunity to monkey with the
state constitution and to ''iuterp1-
late" a section that did not belong
there in order to protect their own
official position against contingencies
possible if not likely to arise.
This, of course, is a charge of the
gravest kind ,ievelled against a tri-
bunal of whose probity and conduct
no suspicion has hitherto been
breathed. If it i strue no punish
ment 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 assailing the
reputation of worthy and honorable
men engaged in public service so
skilled and technical that it was en-
trusted 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
43 and blandly asking the revisors
to explain. These demands have
passed UNDECIDED and probably will
continue to be. When a Supreme
Court in the discharge of it's official
duty does a 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 a hint
of the deliberations by which they
arrived at a result to which they all
subscribed as legal and proper re-
NlSlOn Oh the chapter.
With no information whatsoever
of what took place within the court
chambers when Section 43 was con-
sideIed, but with full faith in the
honor and probity of the men who
acted, we are submitting our own
analysis of their action, from facts
that are at the disposal of anyone
who cares to investigate, and from
one or two suggestions dropped by
members of the constitution COM
mission of 1908 which went into the
subjece thoroughly and framed the
amendments adopted in 1912.
What is recognized as the constitu-
ton of Vermont is the constitution
adopted by convention in 1898. 1t is
printed in the Public Statutes as the
fundamental law of the state. There
have been numerous amendments
since, but no other constitution has
it and it is in force to-
day exactly as adopted in 1898 save
only in the respects that it has been
altered and modified by these amend
ments. In discharging their duty of
revision, then, it was necessary for
the justices of the supreme court to
rewrite Chapter III so far, and only
so far, as to embody within the new
chapter the changes contained in
these several amendments.
The genesis of the present Section
43 is found in clause of Section
of Chapter II of the original consti-
tuition. 1t is the only provision deal
ing with the subject in the whole
document. In outlining the rights
and duties of the first created law
body, 1.-The House of Repre-
sentatives of the Freemen of this
State" the charter of government of
1898 provided as follows: "They
(the Representatives may annually
On their first session after their cleo
ton, in conjunction with the Coun-
I'll Cor oftener if need be) elect
Judges of the Supreme and several
and probate Courts, Sheriffs
with the Council, may elect Major
and rigadier-General, from
time to time, as often as there shall
be occasion"
This provision has never been
specifically repealed and of course
in full force down to the
present, save as subsequent amend
ments have affected it. Let us ex-
anime these and see what changes
hey have wrought in it.
The first is Article 2, which merely
the title, House of Rep
for the more ornate
and imposing title originally bestow-
ed on the law making body
The second is Article 3, which ere
ated the Senate as portion of the
machinery.
The third is Article 10, which
provided that a joint assembly of the
two bodies should make the cleo
tons of the officers named in Section
9, instead of the Representatives
alone.
The fourth is Article IA, which
provides that assistant judges of the
county court shall be elected by the
freemen of their respective counties.
Iha fifth ic A l.ticIo = uhinh