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

70 sli a vacancy not for faro years hu
Tor the balance Of the term. By exac
parity Why might not the Legislature
ali q vacancy securing during its ses
sion although that be an election
~oftenerv than bienniallyG
The Little Word IF"
Cd The whole case against III,
words "or oftener II need be" is baset
upon the aGih amendment adopted IL
1870. II that amendment really null
.ihd those words, Il nullihes them JUS
as much now IN the new Constitution
"a ever The original provision is I
part Of Section AZ and the amendment
81 1870 Immediately follows II as See.
ton a. If their construction in an!
particular case should ever be before
the court, they must be construed to,
gcther according TO the rules Of inter.
probation and that requires the con
sidCration Of the whole document
including the historical origin Of Ia
parts
Words Not Really Necessary
! doubt whether the words "or
oftener II need be- are at all neces.
sary Tor the solution of the present
situation. In fact, however, they are
in the Constitution and all discus
sion now as 70 whether they should
have been retained is academic rather
than practical.
One Of the amendments adopted in
1918 authorized and directed the jus
tees Of the Supreme court to revise
chapter III. of the Constitution by in
Guiding parts not in force and
rearranging the sections and speci-
iically provided that "said revised
chapter II. as certified to the secretary
Of state by said justices or majority
thereof shall be part of the Consti-
tuition Of this state in substitution for
chapter III. and all amend
ments thereof. F" The revised chapter
was duly certified by all five of the
justices on the 9th day of September,
1913, and Section 43 contains the
words cor oftener if need be-" They
are, therefore, eonstitutionally part
Of the Constitution.
Still Contemplates Election of Judges
Without reference TO the propriety
and wisdom of Governor Fletchers
making appointments of justices for
two years and without reference to
the wisdom of the appointments which
he made, it is perfectly plain that the
still contemplates the
regular election Of justices by the
Joint Assembly. Their appointment
by the governor instead of by the
Joint Assembly was considered by the
Constitutional Commission and it
unanimously decided not to recon-
mend that change.
Let us consider then whether the
method of electing JUS
ices Of the Supreme court has for
sver slipped away from US or whether
he constitutional order can be restor-
ID. If it can be, of course il should
,e.
The Constitution
Section AZ of the Constitution pro-
rides that the Justices of the Sn-
IRENE court shall be elected
~ the Senate and House of Represen-
atives, in joint assembly, at which
he presiding officer of the Senate
hall preside"
Section as provides that "the Joint
Assembly may biehnially on their
irst session after election Tor oftener
( need be) elect justices of the Su-
)reme court.
Section "A provides that "the JUS
ices Of the Supreme court shall be
elected biennially, and their term of
,ffice shall be two years"
Section 20 provides that the Gov
,rnor shall supply every va
,ancy in any Office occasioned by
leath or otherwise, until the Office
AN be filled in the manner directed !
" law or this Constitution"
These are the four pertinent pro-
,isions Of the Constitution. Apart
rom Section "A, it would be plain
hat the power to elect justices is in
he Joint Assembly and that the gov
,rnor has power only to appoint them
until they can be elected in that man
Ter.
The theory that the term Of the APP
pointed justices is irrevocably fixed to
'xpire December l, 1916, and that
brewer thereafter justices must be ap-
pointed by the governor is based upon
he assumption that the Section "a
three other plain constitu-
ional provisions.
Rule of Interpretation
1t is q fundamental rule of con-
truction that document must be
Interpreted to give effect to all its
,arts If possible. An Interpretation
hat the Joint Assembly can regularly
lect justices only bienniaily and then
or a term Of two years, that in case
f a vacancy the governor may APP
-. .,..t.f sln ,,nnnY.v, con bo filad