The Barre daily times. (Barre, Vt.) 1897-1959, 1915-01-06
Former Chief Justice Row
ellis Opinion, Backed by
Bar, Sent to Legislature
CONTINUITY OF COURT
WOULD BE SECURED
BY Vote of 10 to 13, Bar As
sociation Intimates Disap-
proval of Fletcher's Act

~
On expression Of opinion by former
! Chief Justice John w. Rowell OF the
I Vermont supreme court that the legisla-
| ture should proceed TO the election of SUI
preme court Judges, that such election
would hold for the balance OF the two
year term and that the continuity OF
the court would be preserved thereafter,
the Vermont Bar association at its an
nual meeting in Montpelier late yester-
day adopted by vote OF 10 to l3 a
resolution to submit the opinion to the
legislature whiea convened to-day.
This opinion by former Judge Rowell
is in direct contrast to the advice which
he is reported TO have given Governor
Fletcher, on which advice the executive
took the occasion TO reorganize the court
by removing Judges Loveland Munson
and Seneca Haselton and by placing
thereon Leighton P. Slack of the superior
bench and Robert y. Healy, q lawyer OF
Bennington. II is said that Judge Row
ell admits that he gave such advice to
Governor Fletcher, but that he has since
then changed his mind.
In adopting the resolution to present
the new opinion 10 the legislature, the
bar association made no recommendation
to the legislature but submitted the mat
ter without comment. The resolution
was presented by w, b. G. Stickney, and
was opposed by Alexander Dunnett. Mr..
Dunnett expressed the opinion that the
association should Keep out Of politics"
and he doubted the power of the legis
lsture to remove al encumbent from
constitutional Office Mr.. Dunnett also
suggested that the legislature elect mem.
bers of the supreme court TO succeed the
present members when their terms expire
on Dec. 1, 1916.
John G. Sargent Of Ludlow, former
attorney general, favored leaving the
matter to the legislature and expressed
a wish that it might be handled judi
John IT, senter OF Montpelier
favored the adoption Of the resolution.
After more discussion, the association
adopted the resolution by the overwhelm.
ing vote as above given.
The Rowell Memorandum.
The Rowell opinion, or memorandum,
Is as follows;
"The constitution requires the general
assembly TO meet biennially the same as
before the adoption Of the recent amend |
ments. but in January instead OF in
October. II requires that the justices OF |
the supreme court shall be elected bien-
nially az the first session OF the general |
assembly after election.
"It is the duty of the general assem-
Dv to elect every biennial session. aud |
L has been established as a general rule /
hat when the constitution imposes duty 4
i also gives by implication every partio.
liar power necessary for the performance
IF that duty.
Therefore We have two conflicting
hings to deal with-consecutiye terms
II Office and the requirement that breaks
be continuity Of those terms. present
ne a case similar 20 that OF two stat.
ties, passed at different times, but in
which there is such apparent and irrccon-
liable repugnancy that they cannot
tand together; in which case, the last
epeals the first by implication 80 far,
'ut only so far, As the repugnancy ea-
ends.
Apply this doctrine here aud the
mendment presents before the general
ssembly the necessitols breaking Of the
ontinuity of The terms of Office Of the
ustiees a. far. bat only 70 far. ~ nee
ssarg 10 meet the requirements Of
tier election. aud % that extent and by
IMPLICATION suspouGs the operation ~ :
be implication Of consecutive Terms and
iakes the current term end before the .
ew term and the uncxpired portion of ,
Ne current term has been merged and q
NalloWed up in tho new term. and there Ii
pom the Implication of consecutive 2
rms win bccome operative again and
here's ftcr the terms viii run on IN ua. Id
roken suceession a. heretofore" h
President golIa w. Rnwen was iH the 4
isif a. the opening Of tie annual meet i
q end msuy routine matters wers :
AZ the outset Georer o. to
oung of Newpon moved that the
meudment o. tho constitution ~ ~ -
,ciation disclIssed and lad On tlss fahir
the meeting oms wear ago ~ adapted
; unanimous vote i uas adopted. -. I
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