Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1914-12-24
WHAT OUR NEIGHBORS SAY.
THE REAL ISSUE.
OFrom the Rutland Herald

h refreshing contrast to the bitter
and intemp'r rate articles written by at
tachos and cS-stcnoer aphers of the
Supreme court by Interested attorneys
and personal enemies of the executive,
the article, written ny F'ra1,k G. Part
Iidg" of Proctor. is worthy of study and
considerations
Mr.. Partridge has written a lawyer
like article it is true, but it is the first
utt"rance of its kind that Is entitled to
serious consideration. bccauS,. SO far as
The Herald is abb" to determine" it is
disintcrestcd. That can hardly be said
of other violent and vituperRtivc COM
muuications from friends Of displaced
Judges and attorneys of Interested
parties
Mr. Partridge speaks with some au-
thority of the constitutional changes Of
f"ctod by the Legislation of 1910 and 1al.
afterwards ratified by the people. hc-
cauS" ne was chairman of tho commits
sion which drafted tho proposals Of
amendment tho adoption of which caused
the hiatus and the present situation in tho
supreme court
II will also bc noted that his article
for the first time. indicates whore tho
first error was made, If one is disposed
10 admit that the Legislature intended
To- preserve for itself thc right to elect
Judges. After Ealing attention 10 the
fact that the constitution fixes the term
of tn" Justices at two years. hc notes
the section l3-3 fixes their tcrms to
begin on tho first day of Docemb,r
after election" He says
la,
I'd by the last session OF the Legtsa-
turc to take effect If the proposal TO
change the date Of election was adopted
1t was known at the time that legisa-
tive action with respect to tho justices
Of the Supreme court was necessary
personally suggested an amendment to
section 1873 to provide for the contigencv,
but the sentiment seemed to be that
Their would hc a special session and
that all necessary statutory action re-
quired by changes 81 the Constitution
could ho attended 20 then
Mr. Partridge also hits upon the ouly
possible legal and binding solution OF
m" situation b. dmplifyins the Fits
Hall proposal for tho resignation Of the
justices Of the supreme court during tn.
coming session Of tne Legislature, a
remedial statute. fixing their terms as
beginning on the first OF February each
year, 10 be enacted and eiec,ior to lee
held "a heretofore,
Right there Gomez anothe~ cons.itu-
tlonal question on which many lawyers
will disagree with nv Partridge. viii
the LEGISLATURE not ny that action extend
the terms Of such justices as it NAV
elect from the present bench beyond the
constitutional limit?
Also. whpt would b" the effect il
ton OF the Legislatures right to elect
and impugned tho validity Of the phrase
cor oftcner II need be-?
The solution may he feasible and pro
per. as Mr.. Part fridge suggests, hut IL
should not he attempted without judicial
authority of the highest charictc as T."
it, legality and binding force.
Tine practical objection to the solution
Is that il prcsunes the five justices will
ing to resign and entrust their fortunes
to a Legislature Of ZIG men, mostly
ignorant Of law and proha bly, ntlamed by
the hate and prejudice which certain
newspapers and abusive l"ttcr-writers
have strivcn to inspire.
Had such sources Of publicity tskcu
the trouble to read little law and had
they confined themselves to the ques-
tons in issue instead of venting their
rancor on an executive who performed
a plain and constitutions duty, the
chances of the Observation-Disclosures
solution would be better.