News and citizen. [volume] (Morrisville, Vt. ;) 1881-current, 1914-12-23
GOVERNOR FLETCHER
AND THE JUDGES
Senator Elect Powell Appeals to Fellow Mem
bers of the Legislature

with the Judiciary of the State, has APP
peared in the daily papers and also been
sent to every member of the coming Leg
isature. 1t is of such importance that
we place it before our readers. We be-
lieve that ''ihere'l be something doing"
along this line when the Legislature con-
| venes:-
BURLINGTON, Vt, DEC. 7, 1914.
II have just returned from a somewhat
extended tour through the Kings do
minions. / find throughout western
Canada at every point soldiers drilling
and the country stirred up with patriotic
fervor.
Upon my return | find here at home a
war upon cur judiciary and our judicial
system, which has stood the acid test for
over a century. / heard muttering of
this before went away, but l could not
and would not believe it possible. Our
4 judiciary has always been the pride of
! VermOnters everywhere. The judicial
ermine has always been free from faint
or suspicion of faint. The chief reason
| for this is that the Judiciary has been
entirely removed from politics and politi-
cal influences. The tenure has been
practically for life or during good be-
havior. Only once, to my knowledge,
has a judge failed of reelection by
Legislature for personal reasons. Judge
Barrett, very able judge, failed of re
election on account of personal uppop-
ularity, and few can be found thai will
point to that with approval.
snow we are facing great upheaval.
! The constitutional fuuu'ionS of The Leg
lslature are oeiny usufped bV The txecu-
| tive. AS member Of the next Lrgisla-
ture | ia urally resent ia S. aud | am
wiring This letter tn call the attention of
my fellow members of The Legislature
| directly Ia the issue
| II do not know what are HE underly-
! ing motives in the action OF our chief ex-
eculive. IL is usually without profit TO
pass upon the motives of others. [ pre-
| fer to think that our chief executive in
this action has been prompted by the
best ct motives and is simply been mIr-
guide d in his action.
The Legislature of 1914 is entirely
competent to elect Justices Of the Su-
preme Court and Superior Judges, the
same as former Legislatures have done
and the constitution provides hat it shall
do SO. How Governor Fletcher could
have doubted this | cannot understand,
but if he had the doubt he would have
resolved that doubt 10 favor If the Leg
islature ana appointed for the interim
only.
But what about this Supreme Court
opinion that is SO velled in mystery? If
the Court has given any opinion that Is
binding. il must be in writing, and why
doesn't the Cover nor produce il? There
can be no object 10 keeping it secret. If
the Judicial branch has tried to fore
close in advance The legislative branch,
lei us know it, and we will bow to the
inevitable when we have to, but not be-
fore. But surmise that the Supreme
Court has given no opinion that is bind
ing on anyone, least of all the Supreme
Court itself. The Governors rights uu-
der the constitution seem clear.
Section 20:-" The Governor sh all sup.H
ply every vacancy in any office occasioneI
by death or otherwise until the office cad
be flied in the mapner directed by law
or this constitution.
vacancy means emptiness. and on |
y cember l, 1914. the emptiness was
II led by appointment until the Legisla !
ture 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 |
the judges shall begin and Ia change it |
from time to time. This is mere matter |
of detail
Now word as to the personal issues |
involved. -Four years ago | had the hon
or To place in nomination for reelection |
as justice of the supreme Court, Hon.
Seneca Haselton, than whom Vermont
never had m ire upright, sound, able |
and scholarly judge. When elected as
Senator for the session of 1914 expected !
and now expect to vote for him again for |
the same position. Gov. Fletcher's at
tempt to Osleriza him. L predict, will |
prove abortive. Judge Haseton is GO |
years old. His regular summer tonic,
mid the refreshing breezes from Mans
fields classic brow, has kept him young
and vigorous. No member of the SUI
preme Court would care to try titles with
him today in five mile tramp, and Gov.
Fletcher himself, who is only five years
younger, would be distanced the first
quarter.
Il cannot imagine why he has been |
dropped from the position that he has SO
ably filled. | shall also take pleasure in
voting for Judge Munson and Judge Fish,
unless some good reason is evnced why
/ should not.
1.-THE men who have been honored by
Gov. Fletcher are among my warmest
friends. l served with Gov. Slack in the
Senate of 1901 did my utmost TO OBTAIN
his appointment to the Superior Court.
My feelings toward him are the warmest
and have every reason to believe they
are reciprocated. l do not admit, how
ever, that Caledonia County is possessed
of such superior legal learning that it is
entitled to three of the eleven appoint.
ments, while the large counties of Chit
tenden, Franklin, Windham and Orange
go dry.
Peace has it battles no less than war.
This is no time to be mealy- mouthed, to
hide behind anyone's back, or to play
politics. The rights of the Legislature
of 1914 have been invaded, or at least such
an attempt has been made. As our rights
are protected by the constitution they
can In no way be injured BY the action Of
the executive. One of the first duties of
the session of 1914 will be to elect JUS
tees of the Supreme Court and Judges
of the Superior Court, as has been done
in the past. This is call to nv fellow
members of the Legislature of 1914 that
we buckle on our armor, rally to the
standard and insist upon our right and
duty to exercise the constitutional func-
lions imposed upon us.
am nathan solI +