The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-12-19
THE DEPosED JUDGES
Senator PowsiI Thinks They WilI Be
Reinstated.

western Canada at every point sol
diers drilling and the country stirred
with patrloic fervoF.
Upon M return | find here al home
a war upon our judiciary aud our
judicial system, Aaich has stood tie
acid test for over a century [ heard
| mutterings If this feiore | went away
| but | could not and could not beieys
| 1t possible. Cur judiciary has al
ways been the pride OF Vermont aud
yermonters everywhere. The Judic
| ial ermine has always heen free from
faint or suspicion of faint. The chief
reason for this is that the judiciary
has been entirely removed from poll
tics and political influences. The
| tenure has been practically for life o,
during good behavior. Only once to
| my knowledge has judge failed of
reelection by the Legislature for per
sonal reasons Judge Barrett.
very able Judge, failed of reelection
on account of personal unpopularity,
and few can be found that Will point
| to that with approval.
Now we are facing a great upheav-
al. The constitutional functions OF
the Legislature are being usurped by
the executive. As a member of the
next Legislature naturally resent
this. and | am writing this letter to
call the attention of my fellow-mem-
bers of the Legislature directly to
the issue.
| do not know what are the under
lying motives in the action of our
chief executive, It is usually with
out profit TO pass. upon the motives of
others prefer 10 think that our
chief executive in this action has
been prompted by the best of mo-
lives and is simply misguided in his
action.
| The Legislature of 1914 is entire
~ competent to elect justices of the
supreme court and superior judges,
the same as former Legislatures
have done, and the constitution pro
vides that it shall do so. How Gov
| crnor Fletcher could have doubted
this | cannot understand, but II he
had the doubt he should have resolv-
ed that doubt In favor of the Leglsla-
ture and appointed for the interim
only.
But what about this supreme court
| opinion that is so yelled in mystery?
| II the court has given any opinion
| that IS binding Il must be in writing
| and why doesn't the Governor pro-
duce IL? There can be no object in
| keeping it secret. If the judicial
branch has tried to foreclose in ad-
vance the Legislative branch. let us
| know it. and we will bow to the in
| evitable when We have TO, but not be-
fore. But surmise that the SUI
| preme court has given no opinion
that is binding on anyone. least of all
| the supreme court itself. The Gov
ernors rights and prerogatives under
the constitution seem clear. Sec
ton 20 The Governor shall supply
eve y vacancy in any office occasion
ed by death or otherwise until the
Office can be filled in the manner di
rected by law or this constitution"
| Vacancy means emptiness. and on
this constitution" Vacancy means
emptiness, and on December /. 1914.
the emptiness was filled by appoint
ment until the Legislature can elect
for two years. The English language
could not make this palmer The
Legislature has undoubted authority
to fix the date when the two-year
term Of judges shall begin and to
change Il from time TO time. This is
mere matter OF detail
Now word as to the personal is
| sues involved. Four years ago | ha2
the honor to place in nomination for
reelection as justice of the supreme
court. the Hon. Seneca fIaselton.
than whom Vermont never had a
more upright. sound. able and schol-
arly judge When elected as slnator
for the session OF 1914 expected
and now expect to vote for him again
for the same position Governor
Fletcher's attempt to oslerize him.
predict. will prove aburtiyc Jalge
Haselton is sc years old. His regular
summer tonic. mid the refreshing
breezes from Mansfelds classic bow
has kept him young and vigorous.
No member of the supreme court
would care to try titles with MIN to-
day in ive-mile tramp. and Cover
nor Fletcher himself, who is
only FIVE years younger. woa.G be DIS
tanced at the first quarter.
| cannot imagine why he has hcen
dropped from the position that ne has
so ably filled. shall also take pleas
ure in. voting for Judge Munson ard
Judge Fish. unless. some good reason
is evinced why ! should not
The men who have been hcrorcd
by Governor Fletcher are amons ny
wsrmest friends. served WITH Gov
ernor Slack in the Senate OF 1876.
did my utmost TO obtain his appoint
ment TO the superior court NJ feel.
ines toward him are the warmest and
I have every reason to believe they
are reciprocated do not admit.
however. that Caledonia county B.
possessed OF such superior legal
! learning that IL fs entitled n three