The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-12-24
rnE IrnrciAl SITUATION

ApPointmeni ~ Justices.
The Messenger Is fortunate in helms
able "a present 70 igh readers ths
views Of Frank c. Partridge, Of Proc
tor, On the Judiciary problem ercatct
BY the appointing BY The governor q
the Justices 81 the supreme court q
Vermont for d period of two YEARS
II u unnecessary % introduce ar
Partridge ID Ncrm0HtcEs he is onr
II tho leading citizens Of the state anr
has had long career IN the puhiit
service A lawyer, Re has been solicit
81 h ne etate department. at Washing
ton. hes served as United States min.
isscr % Venezycla. and was c0nsUl
general &c Taugier lie has been 3
member ~ The Vermont senate ant
WINS chairman Of the commission which
made tho proposals II amendment Z
the Vermont constitution in 1909. Ills
views arc entitled 20 the most serious
consideration Of the people Of Nor-
mont Following is Mr. Partridge's
article.
The beginning Of the term Of some
officials was fixed by the Constitution.
For all such the proposals Of the Con-
stitutional Commission made proyis-
ion and changed the dates TO make
them subsequent TO the meeting Of
the Legislature in January The be-
ginning Of the terms Of other officials
was fixed only by statute and the Con.
stitutionai Commission did not at
tempt to make any provision for them,
1t could hardly have done SO. II the
commission had started to change
statutes, II is dihicult question
where It could have stopped and the
result too would have been 10 fix ire
vocably in the Constitution matters
which heretofore have proper been
left for legislative action.
Constitution and Statutes
Section "A of the Constitution pro-
vides that the term Of justices Of the
Supreme court shall be two years but
the date when their term shall begin
is not constitutional provision. See
ton 1928 Of the Publ, statutes makes
their term "beg,r on the trst day Of
December next after their election. :
That section should have been
amended by the last session Of the
Legislature to take effect if the pro-
posal TO change the date Of election
was adopted.
Ii was known at the time that legis-
lative action with respect to the JUS
tees OF the Supreme court was neces-
sary. personally suggested an
amendment to Section 1923 to provide
for the contingency, but the sentiment
seemed to be that there would be
special session and that all necessary
statutory action required by changes
in the Constitution could be attended
10 then.
Governor Had Right to Appoint
When the term of the Supreme
court justices expired on December
the governor appointed new justices
for the term Of two years. There are
those who think ii would have been
better not to make any appointments,
since the General Assembly was to
meet in five weeks and there was no
stated term Of the court until the day
before the General Assembly meets:
thre are some also who question whe-
Their he should have made the appoint
ments for a term Of two years: but.
Il must be admitted that he had the
right to make appointments for some
time and it Is to be assumed that in
making appointments and in doing so
for two years he was acting within
what he believed to be his authority
and duty.
The Real Issue Election or Appoint
ment
Whether in that the governor was
right and whether he strengthened
the court by displacing some of the
justices and appointing new ones is
not the most important question. The
really deep question is whether the
term Of the Supreme court justices
must of necessity continue to expire
on December | and whether they must
Of necessity continue to be appointed
hereafter by successive governors
instead Of being elected by the Gen.
eral Assembly as the Constitution
plainly provides. The real issue is
whether the constitutional order with
respect TO Supreme court justices can
be restored.
Who Amended Section 43?
There has been much newspaper
discussion regarding the words "or
oftener il need be" found in section
AZ OF the Constitution. This section
provides that "the Joint Assembly
may hicunially on their first session
after their election Tor oftener il need
be) elect justices Of the Supreme
court and judges OF the several County
courts" Some undignifed. and | be-
lieve, unjustifed criticism has been
made Of the Supreme court justices
for leaving the words "or oftener II
need be" in the revised Constitution.
The Supreme court justices do not
need any defense, but that the public
mind may not be misled by such critic
ism, il is proper to advert to q few
simple considerations
WIN .Dr Oftener IL Need BE" Was
Retained