The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1914-12-24
rHg PEOPLE AND THE JUDGES
SENATOR. El.ei Max l., Powell on the
Judicial Situation

Judicial Situation
To The Editor OF The Free Press
have jus, returned from a some
what extended tour through the
Kings DominionK | find throughout
western Canada az every point sol
diers drilling and the country stirred
with patriotic foryor.
Upon my return find here at home
4 war upon our judiciary and our ~
dicial system, which has stood the acid
test for over \ century ] heard NUT
,erings Of this before ! went away
bot could not and would not believe
Il possible. Our judiciary crmine has
always been free from faint or suspic-
ION OF faint. The chief reason for this
a that the Judiciary has been entirely
free from politics and political infiu-
enccs. The tenure has been practical
ly for life OF during good behavior
Only once TO my knowledge has a
Judge failed Of reelection by the Leg
jslature for personal reasons. Judge
Barrett. very able judge, failed Of
reelection on account Of personal I'M
popularity, and few can be found that
will point 10 that with approval.
Now we are facing great upheaval.
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-mcmbers OF
the Legislature directly to the issue.
1 do not know what are the under
lying motives in the action of our CHIEF
executive. II is usually without proiit
10 pass upon the motives Of others. !
prefer TO think that our chief execu-
tive in this action has been prompted
by the best Of motives and is simply
misguided in his action.
The Legislature of 1914 is entirely
competent to elect justices OF the SUI
preme court and superior judges, the
same as former Legislatures have
done. and the constitution provides
mai Il snail do so. How Governor
Fletcher could have doubted this ! can
not understand, but If he had the
doubt he should have resolved that
doubt IN favor OF the Legislature and
amounted for the interim only.
But what about this supreme court
oniniou that is so yelled in mystery
II the court has given any opinion that
& binding is must be in writing, ana
why doesn't the Governor produce II
There can be no object in keeping u
SECRET. II the judicial branch has tried
10 foreclosc in advance the legislative
branch, let us know it, and we Will Row
"a the inevitable when we have to, but
not before. But ! surmise that the
supreme court has given no opinion
that is binding on anyone, least OF all
the supreme court itself. The Cover
nor's rights and prerogatives under
the constitution seem clear. Sectloh
90. "The Governor shall supply every
vacancy in any office occasioned py
death or otherwise until the ONCE can
no filed in the manner directed by law
or this constitution" Vacancy means
emntincss, 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 leg
islature has undoubted authority 10
fix the date when the two-year term OF
Judges shall begin and to change IL
from time to time. This is mere mat
ter of detail.
Now word as to the personal
issues involved. Four years ago | n.
the honor to place in nomination Tor
reelection as justice of the supreme
court, the Hon. Seneca Haselton, than
whom Vermont never had more up
right. sound, able and scholarly Judge
when elected as senator for the SEES
sion of 1914 expected and now expect
10 vote for him again for the same
nosition. Governor Fletchcr's attempt
10 oslerize him, predict, will prove
abortiye. Judge Haselton is GU years
old. His regular summer tonic, ma
the refreshing breezes from Mans
fields classic brow, has kept MN
Young and vigorous. No member Oh
....t ,,,o,,id care to try