The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-07-22
Tho Constitution

appearance, newspaper SiHiNo nav
| been busy. This revision was don
by the justices of the supreme cour
at the command of the people witt
directed them to revise this chapte
by Incorporating therein "all amend
ments to the constitution that ar
now or may be then in force and ex
Guiding therefrom all sections, clau
ses and words not in force TIT
criticism referred to has centereC
about Section 43 of the chapter, deal
ing with the election and tenure oil
the justices of the supreme court. In
situations of the baldest kind have
been made to the effect that the jus
tees took advantage Of their oppor
tunity to monkey" with the state
constitution and to ''interpolate" q
section that did not belong there in
order to protect their own official
position against contingencies pos
sible if not likely to arise.
This, of course, is charge of the
gravest kind 1evelled against a tribu.
nal of whose probity and conduct no
suspicion has hitherto been breathed
If it is true no punishment is too
swift or sure but if it is untrue the
parties making it are guilty of libel
if not contempt, in its worst form
and ought to receive what is their
due for assailing the reputation OF
worthy and honorable men engaged
in a bubble service SO skilled and
technical that it was entrusted to
them because they seemed best fitted
in all ways to perform 1t.
Some of the milder critics of the
court have contented themselves
with raising their eyebrows over Sec
ton 40 and blandly asking the revis-
ors to explain. These demands have
passed UNDECIDED and probably viii
continue to be. When supreme
court in the discharge of its Official
duty does a thing. it does not fee.
called upon to Justify its action in
the public prints. Indeed, we do not
believe it would be possible for the
most alert reporter TO secure from
any one of the justices who passed
upon Chapter II even hint of the
deliberations by which they arrived
at a result to which they all subscrit
ed as legal and proper revision OF
the chapter.
With no information whatsoever OF
what took place within the court
chambers when Section AZ was con
sidered, but with full faith in the hor
or and probity of the men who acted
we are submitting our own analysis
of their action. from facts that are al
the disposal of anyone who cares to
investigate, and from one or two sug
gestions dropped by members of the
constitution commission OF 1905
which went into the subject through
~ and framed the amendments il
1912.
What is recognized as the constitu
ton OF Vermont is the constitution
adopted by convention in 1898. II il
printed in the Public Statutes as tho
fundamental law of the state. There
have been numerous amendments,
since, but no other constitution has
superseded it and it is in force TO-DAY
exactly as adopted in 1898 save onl,
in the respects that it has been alter
ed and modified by these amend
ments. In discharging their duty OF
81
the justices Of the supreme court &c
rewrite Chapter II so far, and only so
far. as to embody within the new
chapter the changes contained I'm
these several amendments.
The genesis of the present Section
40 is found in clause Of Section 9 o.
Chapte' II OF the original constitu
ton. II Is the only provision dealing
with the subject in the whole docu
ment. In outlining the rights and du
ties OF the frst-created lawmaking
body. the House of Representatives
of the Freemen of this State the char
ter of government of 1898 provided
as follows: They (the Representa-
tives) may annually on their FIST ses
sion after their election. IN Conjunc
ton with the Council Tor oitenc. II
need bel elect Judges of the SD
preme and several county and pro
bate Courts. Sheriffs and Justices OF
the Peace; and also, with the Coun.
ell, may elect Maior-Generals and
Z .igadier- Generals, from time to
time, as often as there shall be occa-
sion"
This provision has never been spe-
ciically repealed and Of course re
mains i'm full force down to the pres.
ent. save as subsequent amendments
have affected il. Let us examine
these and see what changes they
have wrought in ii.
The first is Article ., which merely
substituted the title, House of Rep
resentatives," for the more ornate
and imposing title originally bestow
cd on the law making body.
The second is Article 8. which ere
ated the Senate as portion OF the
legislative machinery.
The third is Article 10. which pro
vided that a joint assembly Of tn,
two bodies should make the election.
OF the officers named in Section .. in
stead Of the Representative si0nc
a. q