St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1915-01-13
The Court Middle

The Court MIDDLE
1t was evident to all visitors in
Montpelier last week that the Yer
mont Bar Association and the mem
bers of the incoming legislature are
determined that the election of the
justices of the supreme court should
be returned to the legislature as the
constitution of the state provides it
should be. This is an honorable po-
sition and one the people of the
state endorse. 1t is equally true
that the state should have but
one court of unquestioned authority
possessing the full confidence of the
public as well as the litigants who
appear before it. So a court elected
by the constitutional method with
out disturbing the validity of the
court we now have is the most de-
sirable solution of the vexing ques-
ton before the legislature.
Here are some of the reasons why
the present court should not be dis
turbed. First, not a member
of the supreme court sought
the position he now holds.
They were selected by the only
authority that could legally ap-
point them and that authority was
acting in accordance with an opin-
ion of the court itself. Men so
chosen should not be subjected to
political attack, especially when
every member of the supreme court
is qualified to render honest and able
service as a justice in Vermont's
highest tribunal. The question has
passed the stage of personality and
would be an attack on the court
itself, a most undesirable thing. 1t
should also be remembered that the
last opinion given by Ex-Chief JUS
tice Rowell, is simply a personal
opinion of an aged man in response
to a faction of the Vermont Bar AS
ISOLATION and is against the opinion
he gave the governor when at the
head of the court and that the Bar
Association did not endorse it. 1t
would not over balance the opinion
of the full court rendered at the re-
quest of the only authority legally
empowered to ask it.
There is no question that the legis-
lature has the right to fix the time a
term of a justice of the supreme
court shall begin. 1t is almost equal
ly certain they can not abridge a
term once filed. Therefore, we still
believe our suggestion a few weeks
ago, that the present legislature
"enact a law that at the biennial
session in 1917 and biennially there
after, the legislature elect justices
of the supreme court at the time and
in the manner provided by Section
253 of the Public Statutes, then
amend Section 1923 of the Public
Statutes so that their term of Office
shall commence on the first day of
February or March following their
election, and continue for two years."
is the best solution of the problem.
Should Senator Powells bill provid-
ing that their term begin on the
first day of February next after
their election and continue for two
years" pass there can be no cleo
ton at this session of the legislature
because no vacancy would exist at
that time.
The position is a very serious one
and those qualified to deal with it
should weigh the question very care
fully and refuse to be a party to any
act that would weaken Or discredit |
such a high tribunal as the supreme |
court of Vermont. 1t will be no
ticed we have not made any sugges-
ton regarding the superior judges. |
Their Office is a statutory one and the |
legislature has full power to deal
with them as shall seem for the best |
interests of the state. We are con-
ident the present legislature is COM
oetent to do this and their case is
submitted to the legislature without
lint or suggestion by an outside lay
nan.