The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1914-12-08
TAKES FLETCHER TO TASK
Former Editorial Writer on Free
Press Gives Opinion Of Court Changes

PTeSS blVcS OpinioH " SOu't SHsn9os
The following is letter TO The edi
tor OF The Burlington Free Press
written by Levi p Smith of Burling
ton, and formerly an editorial writer
on The Free Press before he resigned
to become law partner of Judge C.
II. Darling
To the Editor of The Free Press I:
Probably no man has written more
| 70. these columns in praise OF Cover
nor Fletcher than !. II may not be
immodest to assume then that II
facts which state now seem to bear
against him they will receive at least
thoughtful hearing.
| 4 constitutional commission Of
which Governor Fletcher was a men,
Der made a mistake. Owing TO this
mistake the constitution as 1t was and
the new amendments failed to con
meet entirely and gap of one month
was left between the time when the
terms Of certain officials ran out and
| the time when II was intended to
| have the new TENS begin. AS a re-
| suit OF this accident, and through no
deliberate intention Of the people to
| have their court framed up for them
according to the whims of one man,
| the governor found himself in the
position OF dictator with power TO
appoint a number of officials includ
ing even the justices of the supreme
court and the superior judges.
Under such circumstances it was
fairly to be expected that the execu-
tive would at most try TO bridge over
the gap. Without great reason
governor would hardly have been ac'
credited with the desire to take ad-
vantage of an accident to exercise a
power of choice which the citizens
never intended TO repose in him.
Under these conditions Governor
Fletcher has used his power TO re-
move Justice Munson and Justice
Haselton from the supreme bench and
to eject Judge Fish from his office
as superio, Judge. 1t was natural
therefore to demand some very
strong grounds in justification OF such
extraordinary action.
Every man who has interviewed
Governor Fletche. knows the very
great care with which he prepares
and weighs every statement made TO
The press. When | read the heading,
Governor Fletchers Statement in
Yesterdays Free Press said. Here
are the reasons for this stretching or
power" After saying why he felt II
was necessary for him to appoint, the
statement gave promise OF going on
70 state why he felt called upon 10
exercise his accidental powc; to drop
tn zee men Of such excellent standing.
The statement contained one and on
~ one possible reason for the action.
In explanation of all that he had
done the governor merely laid down
the simple rule that IT was we'll to
have a dsadline for judges at the age
Of 20. Since this was the only rea-
son given in the governors state
ment the intention Of the words
seemed 10 be to make the people OF
Vermont believe that all three judges
had been dropped because they were
over 20.
find from the legislative directory
that with one exception Judge Fish
was the youngest man on the bench.
Judge Fish Is 81 years old. Evidently
the dead-line at 20 reason does not
apply to his case.
From the same source it is learned
that Judge Haselton is &c years oiu.
Perhaps a dead-line at &c and not at
20 was what the governor intended.
But Judge Stanton is also Sc and the
governor did not drop Judge Stanton.
Judge Miles is three years older than
Judge Haselton, vet the governor did
not drop Judge Miles. The conclusion
is that the dead-line at 20 did not APP
ply to Justice Haselton.
But perhaps the case OF Justice
Munson az least comes under the
dead-line at 20 reason. Judge Munson
vigorous though he be must plead
guilty to the offcnse of being Il years
old. But Judge Waterman is shown
by the legislative directory to be IS
years old, and the governor did not
drop Judge Waterman. So the dead
line at 40 rule should be rewritten 10
read dead.line at the displeasure OF
Allen NJ. Fletcher. II is hard to be
lieve That the governor was not in
tentionally trying to mislead the PEG
pie by making that the one reason in
his statement
But perhaps Governor Fletcher
coming from Indiana was trying to
improve the quality Of Vermont JUS
tico
II the citizens OF Vermont do not
know how high Vermont courts have
always ranked among the state courts
Of this country they should be in
formed
We talk much about publicity.
these days. The greatest publicity
we Vermonters get is from the fact
he Vermont law is read all over the
country as a standard for sound de-
cisions.
The nuhiiehers of the xarious cots