The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1915-01-21
JUDGE ROWELL EXPLAINS
Did Not Realize Conditions Which
Might Result From Appointments

In view of the recent controversy
which has arisen over the appoint
ment by Allen NJ. Fletcher, while gov
ernor Of the State of justices of the
Supreme Court, which has resulted in
bill in the legislature providing for
the expiration of the terms of such
judges February /, the following let
ter from Judge John w. Rowell, of
Randolph, in reply to statements made
about him by Mr.. Fletcher in his re-
firing address will be of Interest,"
To the Editor the The Messenger:
| notice that Governor Fletcher in
his retiring message arraigns me
quite sharply for what he is pleased
to regard as unfairness on my part in
respect of his appointing justices of
the supreme court for two years.
| shall enter into no wordy contro-
versy with the governor, for that
would be unseemly, especially as | am
now speaking of him when he was yet
governor. But when he says, as he
does in his message, that ! told him
that what | said about his right to
appoint for two years was the unani-
nous opinion of the justices, ! think
] ought to say in justice to myself, as
well as to the other justices, and l.,
accordingly, hereby, do say, that my
recollection does not agree with his
recollection on that point.
The governor remembers too much
when he says that. 1t is quite true
that after consulting with my associ
ates, told him more than once that
| thought he had right to appoint
for two years. And he once said to
me, if | changed my mind he wished
| would let him know, and ] said /
would. ! did not forget that promise.
Now while the governor does not
say in so many words that changed
my mind before he made his appoint
ments but did not tell him, yet the
necessary implication from what he
does say is entirely to that effect, and,
if that were true, his arraignment of
roe is none too severe. But now so
it is, that is not true to any extent,
but quite the reverse is true, for did
not change my mind till after his APP
pointments were made nor till along
in the week next before the session of
the present general assembly began;
and that change of mind came about
in this way.
When | saw what the governor had
done in changing the personnel of the
Supreme Court, ] realized more fully
than ever before the danger that Turk
ed in the view ! had hitherto enter
tanned, and so began to examine the
question again, and more fully than
ever before, TO see whether after all
here was not some way out. But, as
proceeded, found that my opinion
was being confirmed rather than
changed, my trouble still being, as it
always had been, TO find some way to
break the continuity Of the terms of
,fiice Of justices. But al last it dawn
ID on me that the constitution, itself,
rs amended, pointed out the way, and
think il does most clearly, and in
he manner ] have recently shown,
which has been made public.
This being SO, | respectfully submit
hat the governors charge 'of unfair
less on my part in not letting him
NOW Of my change Of heart" as he
8 pleased to call it, is not made out,
or he had already crossed the Rubi-
on when that change came, and
ould not possibly have retraced his
tops had told him, =