Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-01-21
JUDGE HOWELL DID .
ADVISE GOVERNOR.
Consulted His Associates but
Changed Mind after Gov
ernor Made Appoint
ments.

In view of the recent controversy
which has arisen over the appointment
by Governor Fletcher of justices of tho
supreme court the following letter from
Judge John w. Roweil Of Randolph in
reply TO statements made about him by
Mr.. Fletcher In his retiring address will
he uf interest
To the Editor Of the St Adams Mes
sengor
notice that Governor Fletcher in his
reciring message arraigns me quite
sharply for what ne is pleased to regard
MS unfairness on my part in respect Of
his appointing justices of the supreme
court for two years
shall enter into no Wordy controV eisy
with the Governor. for that would be
nnseemly. especially as I am now speak
ing OF him when ne vas yet governor
But when he says. as ne does In his
message, that told him that what /
said about his right to- appoint for two
wears was the unanimous opinion Of the
justices. I think I ought to say in Justice
to myself, as we'll as to the other ius-
tees. and I accordingly. hereby. do say
that my recollection does not agree with
his recollection on that point
The Governor remembers too much
when he SAYS that. it is quite true that.
after consulting with my associates
told him moro than once that th.u>ht
he had right TO appoint for two wears
And he once said 10 me- If | changed
my mind h. wished I would let him
know. and | said would did not for
get that promise
Now while the Governor does no, say
in so many words that ! changed my
mind before he made his appointments
but did not tell him. Yet the necessary
implication from what he does say is
entirely to that effect. and If that were
true, his arraignmcnt Of me is none too
severe. But now so It is. that Is not
true to any extent hut quite the reverse
is true. FOR did not change my mind
till after his appointments We're made
nor till along in the week next before
tn" session Of the present General AS
semhlN began and that change Of mind
came about in this way
When | saw what the Governor had
done in changing the personnel OF tho
supreme court. realized moro fully
than ever before the danger that lurkcd
In the view had hitherto entertained
and So ! began to examine the question
again and more fully than over before
to SEE whether after all there was not
some way out But. as | proceeded,
found that my opinion was being con-
frmcd rather than changed. my trouble
still being, ne II ALWAYS had been. to
ind some way 10 break the continuity
of the terms OF Office Of the justices
Bu' at last il daWnel ON NO that the
constitution. itself as amended pointed
out the way, and I think It does most
clearly. and in the manner ! have re-
Gently shown. which has been made pub
lie
This being so, respectfully submit
that the Governors charge Of unfair
ness on my part in not letting him know
~ my change Of heart" as he is pleased
to call II, Is not made out FOR he had
already crossed the Rubicon when that
change came and could not possibly have
retraced his steps had I told him
But the Governor makes a mountain
OF this molehi'l for il really Is n matter
Of no lega' consequence that he appoint
I'd for a longer time than he had right
10 appoint nov can he be Justly blamed
for having done SO for beyond all ques-
ton his appointments are good for the
time he had n right to appoint and his
appintees are justices de lure, and will
continue to he such until the beginning
OF the new term il may he fixed by
the General Assembly. a bill TO fix which
is now pending In the Senate
JOHN w. ROWEII.
{andOlUh January, L.