The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-12-31
THE LEGISLATURE CAPABLE
Representatiye-elect Fairchild of Fair
field, Says that the Legislature will
Aitnnd To Sunreme Court Question

Representa- elect Fairchild of Fair
field, Says that the Legislature will
Attend to Supreme Court Question
To the Editor Of The Free Press
The location of the seats of the
mighty" may be determinablc. but II
is fairly deducibla that the seat OF
omniscience is neither in the editorial
sanctum nor in the lawyers office
Much has been written, more or less
intelligently, more or less acrimoni-
ously, explaining why and why moi
the coming Legislature should elect
judges of the supreme court The
question at issue is constitutional
one, and, in the discussion of it, firm
intelligence only, and not acrimony
should guide. The safety and integ-
rity of our institutions have ever rest
ed securely in the level-headed, sober
minded, practical intelligence Of the
farmer, the business man and the ar
tisan. Such men constitute the major
ity of our Legislature and they can be
confidently trusted to interpret the
constitution as their fathers did, as its
trainers intended it to be, as it plainly
reads and declares, and, so interpret
ing, to discharge the duty of their
office. If complications then arise, the
fault will rest elsewhere than with
the Legislature. The discharge of a
patriotic duty in obedience to man
date of the constitution ought not to
be diverted nor held in allegiance In
the fear that the unwarranted acts of
others may bring about some supposed
confusion. The freemen of Vermont
are not made that way.
In a communication to the Burling-
ton Free Press published under date
of December Sth, | made a few OBJ
servations from the lawyers stand
point; hence | have no inclination to
write here at length on this subject
nor to again touch upon the Legal
phases of the situation, except briefly
If a little reflective consideration is
exercised, it will become self-eviden'
that no blame attaches to the Legis-
lature of 1912 in its not attempting
to forecast the present supreme court
controversy and to preclude it by some
supposed remedial legislation, for that
Legislature, or that session OF the
Legislature, had no control OF this
situation and could not have prevented
the developments of December !, 1914
by any statutory enactment. The re-
cent constitutional amendments should
and undoubtedly would, have guarded
against the present complications, II
the trainers thereof had supposed
there was danger line to guard. In
this connection, / wish to express my
appreciation of the thoughtful article
written by Mr.. Hunt, and recently
published in The Free Press, wherein
he takes the stand that there was not
such a vacancy in the supreme court
at the close Of November 30 as to au-
thorize the appointment of judges by
the Governor.
Whatever may be the ultimate con-
clusion as to that point of view, 1t can
be safely affirmed, in the constitution
there is no correlation between section
II, which defines the general appoint
i've power Of the Governor, and article
26 which prescribes the election" Of
supreme court justices Il use the Old
style of numbering); although, OF
course. section II, under certain condi-
tions, has some supplementary reia-
ton in that the tenure Of office, hay-
ing been initiated under article 70
may be kept occupied until the tenure
expires by limitation. There is no
correlation, but a supplementary rela-
ton only. In other words, section IL
defining the "appointive" power, can
not initiate fixed tenure, nor initiate
any part Of the tenure prescribed by
article 70.
When the Legislature elects judges
of the supreme court, their term OF
office will commence at the time the
Legislature designates and extend
therefrom for a period Of two years
The phrase tenure Of Office, OF
term az Office" seems to have gotten
such hold upon the general nervous
system as to be magnified into mon
strum horrendum" TO scare the mental
vision out Of straight line.
Respectfully yours,
w. II. FAIRCHlLD
Represcntative-elect.
Fairfield, VI, December 26, 1914.
Harsh physics react, weaken tne
boweIs. will lead TO chronic constipa-