Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-01-21
PUBLICITY pANACEA FOR COURT AND OTHER PROBLEMS

Judges wont to tell jures not to discuss in public
the secrets of the uryroom There certain fitness OF
things about this custom that all appreciate and un
questonaby adds to the dignity of courts certain de-
gree of publicity jury proceedings however, is abso
uey essential to the removal of abuses of system
and the question where such disclosures shall begin and
where stop is delicate point to settle public policy.
In like discussion of the internal working of our
system by Judges former Judges detact from
the dignity of the court and help to smash idols and may be
Objectionable many yet it enables the peo
pie to discover how the court system operates and to reach
conclusion whether that system needs modification in the
light of developments We know that Judges
get old for public service like the rest of and and
the question is how guard against the effects thereof
The fathers of constitution provided for the election
of Judges of supreme court and judges of county courts
Whether Vermoners of later generation have been wise
in materially modifying lower court arrangements is
matter that will settle itself later We have
vded for the appointment Of municipal judges by the
tive, and bill has been introduced to provide for dis
rct with Judges appointed by the superior Judges
and to hold Office during the pleasure of the superior judges
1t would be difficult to conceive of Judges farther re-
moved from the people than this and if to conclude
that the people not to be trusted why this be
of the best of putting courts where the voters
not get at them. The spirit Of Vermont consu-
ton keeps the courts always within reach Of the people,
otherwise Vermon constitution from the very outset to the
would not have provided for the election Of Judges
two but would have made their election mold
for life, at least during good behavior.
Whatever may be views regarding the disclosure
of the of the uryroom the and the
dignity of BOTH it is absolutely essential to the and
pepetuty of segovernment and popular institutions that
the people whole be kept in close touch possible
with all branches of government including the courts
One of the most fundamental principles of popular in
stitutons uttered by Thomas Jefferson the father of
Declaration of Independence when he declared 81 would
rather have newspapers without government than gov
of saying he would rather public sentiment with
out organized government than organized government with
out publicity. When the people whole know absolutely
little danger of final mistake Suberanean government is
what the people have most to fear
The fathers of Vermont insstent this point
that they included in the declaration of rights constituting
the first chapter of the constitution the following fundamen
tai proposition, which is article thirteenth:
THAT the people have right to freedom of speech and
of writing and publishing their sentiments erning the
transactions of government and therefore the freedom of
the press ought not to be restrained"
The freedom of the press does not simply the
right Of editorial discussion but the late Joseph Pulitzer
of the New York World said when asked for the hree
sentals" of good government publicity, publicity public
is essential to good government and poll
TICS which part good government that public shall
know what going than to know what editor thinks
about what is going Let hundred representing
all the different walks in life consider any fundamental cues
ton of government public policy thoroughly and ntei-
gently and would give for their conclusion than
that of anv hadozen statesmen alone living The sound
of the rank and file is the safety of repub
institutions and of democratic form of government
The value and Importance of complete publicity in
nection with all branches of executive leg
tive and judicial fully exempfed dem
onstrated than connection with the present controversy
the constitution and the courts.
Whatever ones opinion may be regarding the wisdom
of the fathers in providing that the and council
whose duties and rights later transferred to the
ecutive might under certain circumstances take to their
assistance for advice only the Judges of the court
and of the statute referred back by the Public Stat
of Vermont 1864 that the executive might seek the
advice of Justices the latter founded sound
principle Vermont had many principles and laws peculiar
to itself and have prided ourselves that fact
If the supreme judges to give advice to the
tive essential that the conclusion should be definite
and given the public and this would be impossible unless
that advice stated in writing The untoward results
following from neglect to comply with this provision al
ready evident in connection with the court middle
growing directly of advice to the executive but advice
not in writing
Every public servant is simply steward of the peo
pie and every departure influence in branch OF
would tend to public servant to for
get ignore this fundamental and farreachng fact
conclude the people have right to know what is going
in accord with the spirit of Vermons constitution
stated in 1777 hv Dr. Young when he emphasized the de-
STABILITY of entrstng only of capacity and integrity
in public affairs and frequently "obgng the best
to fall into the mass of the people,"
We have discovered that the best of Judges