The Brattleboro daily reformer. (Brattleboro, Vt.) 1913-1955, 1915-01-13
SMELLS OF ANARCHY
SAYS ATTY. DUNNETT
st. Johnsbury Lawyer So Labels At
tempt to Legislate Court Out of
Office
Especial to The Reformer.
MONTPELIER, Jan. Il.

hoAN Jan. To-
Attorney Alexander Dunnett of st. |
Johnsbury, at hearing before the |
Senate committee on judiciary last |
evening, lambasted in an effective and
picturesque manner senate bill No. >, !
which would lcgislate the present su-
preme court out of business.
Senator Powell is the father Of the
measure which provides that . the term
Of offices of the justices shall, except
in case of an election or appointment
TO fill vacancy or unexpired term,
hcgin on the first day Of February,
next. after their election and continue
for two years.
Senator Simonds of Caledonia pre-
sided and leading lawyers from all
parts of the state filed the Senate
chamber tonight when the ST Johns
bury attorney fgurativelv took off his
coat and vest and told the Judiciary
committee and his fellow bar members
what he thought about deposing the
present supreme court through such a
method as suggested in senate bill ,.
Attorney Dunnett cited 81 or 40 au-
authorities in support of his proposition
that II was preposterous for the legis-
lature TO attempt TO NEEDLE with the
tenure of the justices of the supreme
court
| During the discussion he said:
| "Where the constitution fixes the
term of an office. the Legislature has
no power to lengthen il or shorten n,
directly or Indirectly, by statute. or
enact Il statute which would create 4
vacancy
| A characteristic utterance of Mr.
Dunnett was ''An old mare backing
out of her stall TO get barrel OF oats
might find it inconvenient. bat if she
wants the oats bad enough she would
do it. 1t is incOnvenient and inoppor-
tune for the legislature TO elect JUS
tees of the supreme court for a term
/ beginning one year and ten months in
advance, but it is not impossible. -
| Attorney Dunnett and Senator Pow
Tell INDUCED in clash and during the
debate Mr.. Dunnett said ''Thcre Is no
doubt as TO the governors authority. -
Senator Powell asked if il would not
he Il gracious proceeding on the part
Of the justices TO resign. Mr.. Hapgood
of Peru embodied the same idea in q
lquerv and the bennington county man
received in reply from Mr.. Dunnett
l''I have heard of men who had the
cheek 10 visit members OF the supreme
court and ask them to resign, but
haven I. Nevertheless, | think that ii
this legislature wanted them 10 resign
and asked them TO resign they might
Econsider it.
Mr.. Dunnett summed up the court
situation in three propositions: The
legislature could elect for terms cx
, lpiring December !, 1916; Legislature
t could adjourn to some time in October
916. and elect at expiration OF terms
justices could resign.
, He said Maybe the governor
II didn't make the court as good as
You could make II and maybe he
a, made II better. nut that is mat
= ter of slight consequence and one
thar YOU should not consider for
one moment
, THE terms of the Justices of
ID the supreme court are fixed by
the constitution and when a term
is filled il is filled and no person
in the state of Vermont has an
4 thority 70 put 4 finger on it.
. II those vacancies are properly
49, filled to the end of the term any
attempt To fix the term of the in
cumhPntS by this bill smells near
or anarchy than anything the state
!, has seen within one hundred
IL wears -