The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-12-17

trteif M - thr amendments q IN
8lfgr enla.ng that Judges OF
8nc court shall be elected hi
anlaly. and their term OF Office shall
"a tof tR0 years" the tenure n Office
adjunct 81 shp ciection itself. attach
b lhe election end Il nat seycmbls
fum rs The constitutional power q
lae shg Judges is vested ii the Legis
atura l1ne. and the tenure Of Office Is
subs rviem to such election and is IN
labegaaee until such election Is had
4 The Hxity ~ the tenure Is dependent
upon the exercise of the elective pow
Ter. This view Is rationalized when
associated with section iof the con
stitusion, which declares that the gov.
eru0r shall have power to supply
every vacancy In any Office occasioned
/ by death or otherwise, until the o.sice
rau be- hlled IN the manper directed by
law or this constitutiont
Assuming that the supreme court
AID not have inherent power Of sur
yiyal In the spirit Of the CONSTITUTE On
as O coordinate branch Of our frame of
government. but became an "enptg
place at the close Of November Goth
ard came within cognizance Of ap-
pointive power, then, clearly, the APP
pointiyc power was circumscribed by
the provisions Of section II which at
most. gives il authority to illl the
"cmpty place" until it can be filled in
the manner directed by the constitu-
ton, an election by the Legislature.
There is no pretense anywhere that
II was the intent Of the recent amend
ments to the constitution TO displace
the elective power of the Legislature
with the appointive power Of the gov
ernor, but, only, that through some
loose phrasing a sort Of interregnum
was created in the supreme court; no
pratense is MADE that the spirit Of the
letter of the constitution brings the
supreme court within the appointive
power Of the governor, except as a
temporary expedient. Such reasoning
as clothes the governor with the as
serted authority seems to be founded
upon the hypothesis that the tenure
of office, a two years term, is an in
separable attribute Of the office,
whether elective or appointive. Ar
ticIe &c Of the amendments conioins
The tenure with the Office when the
judges are elected by the Legislature
as fat declaration.
The above hypothesis would, in legal
effect, transpose a part of article 20,
and read il into section II, both en-
larging and contradicting the express
terms of section II, and at the same
time making nugatory the very es-
scncc Of article &c, the elective power
that gives life in the first instance to
the tenure Of Office. The tenure Of
Office, two years term, is assumed
10 attach automatically to the govern
or's appointment, and it is this auto
matte attachment and not the appoin-
GAL 8 --
tive act, except as the appointive act
brings to life the automatic attach
ment, that is said to nullify the spirit,
the intent and the letter of the consti-
tuition, which imposed upon the Legis-
ature the duty to organize and per-
oetuate the supreme court.
1t cannot be urged with much in
.olligent learning that the first clause
If article &c went into "innocuous de-
suetude" by reason of an hiatus in the
biennial year, for the constitution lives
regardless of an hiatus, and the next
session of the Legislature will be BIZ
,nnial session under the constitution
With all the duties, obligations and
powers superimposed by the constitu-
ion, as if an hiatus was not and never
1ad been.
The obligation as a duty, not as a
privilege, rests upon the next Legisla-
,ure to restore the supreme court as
m elective Office 1t is not a question
If the personnel Of the court, but
question Of grave constitutional duty.
Respectfully yours,
w. II. FAIRCHILD,
Representative-elect.
Fairfield, VT, Dec. Z, 1914.
Burlington Free Press.