Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1915-01-21
SUPREME COURT
TANGLE PUZZLES
Representatives

Montpelier, Jan. 1.-THE House IS now
graphing with the supreme court tangle.
1t is expected that action will ne taken
on the bill this week in the House and
that the bill introduced by Senator Pow
ell fixing the term OF Justices beginning
February Will pass, II the Governor
approves IT, the opinion is expressed, the
joint assembly Will elect a new cour- next
week Thursday. Unless the present Jus
tees resign in the meantime a legal tan
gle may result which will bring the prob
lem to the United States Supreme Court
for final solution.
a hearing on Senate bill was held
in the House tonight by the House
judiciary committee before a large num-
her OF legislators and visitors. Senator
Powell and Ex-Governor W. w. Stickney
made It clear that Governor Fletcher
performed his duty last November in
appointing justices OF he supreme court
hut that such Justices hold ofrice under
| the constitution only until they can be
fllcd in the manner directed nv law or
! the constitution
House bill Sc was also discussed at the
hearing. Mr. Miller Of Bethel appeared
in it's behalf
| Stnator fONtiI THa1 tne ~
tons which he said, should make all
plain. HIS argument was in substance.
as follows
Tho Governor in looking up his rieh,
to appoint could have found it easily
enough but limited by the words unit
they can he hled in the manner directed
by law or this constitution"
He had the night to appoint for the
interim only. II matters not that the
commission given to the justices was foi
two years. II might have been two OF
two hundred years The commission wal
valid only until the Legislature coult
act Mr. Dunnett the other evening talk
| cd Of anarchy.
TO ELECT IS A DUTY.
The only anarchy that SEQ, said
Senator Powell, lis that which arises II
case the Legislature refused or failed u
exercise it's legislative function II II
not simply our right and privilege II
elect, II is our constitutional duty; I'm
less we exercise II, shall have M
court until the next Legislature meets
Dunnetts citations he said. We're al
good law. but did not amply to this casa
In advising his hearers 20 get bacl
TO the constitution from which there ha'
been too much tendency to go astray
Senator Powell made light of the 81
preme court opinion. Governor Fletohe
had called the supreme court his lega
advisers They are such on az pro
vided by statute, II he had asked OF IN
supreme court under statute an opin
ion il must have been given In writing
II would have been Nled and would nov
be public No opinion was written non
was Nled. Whatever Judge Rowell ad
yised the Governor was a personal opin
ion was curhstnne law and was to b
taken as such.
Ex-Ciov W. w Stckn.y also spok
forcefuly on the subject OF electing tn
Justice. by the Legislature next Thurs
day. He said
The only question IL what does tn
I constitution provide'' The governor ha
"A duty TO perform he had to nll va
caucy vacancy may occur a. we'll 9
the beginning OF a term as At the ont
d What was the term 1t was until tn
I Leg1siature eoald elect In the ordinar
Q way. The old constitution was acprove
: by laynen Not . lawyer was prssen
,. | Now there IL M need Of lawyer--tah
d | and read It yourself 1t Ia a plain Al
l. simple document made BY plain ana sin
II | nile people There II NO difficulty I'm
The Governor had a duty TO perform al