The Manchester journal. [volume] (Manchester, Vt.) 1861-current, 1915-01-14
WHAT EY-GOy. FLETCHER
SAID ABOUT APPOINT
MENT OF Judges

! Following is an exact transcript O
Governor Fletcher's statement on tn
( much discussed topic Of appointment
Of judges made in the course Of his re
firing message to the legislature
now call your attention to the ap
pointment Of judges. 1t is for you Il
pass upon the quality of citizenship
and the motive of those who seek I,
, influence celebrating body either be
fore or after that body completes it
organization and | shall not in any
way try to do so. | shall confine my
self as far as possible entirely K
facts.
Gentlemen of Vermont, there is il
the breast of every self-respectinp
man sense of fairness. To that
shall speak for few moments. Dur
ing the last Legislature probably when
it was one-third over the gentleman
who then represented the city of St
Adams, Mr.. Watson and the then sem
ator from Orange county, they at that
time being the reference commission
or commission of the joint assembly
came to my office and said: Governor,
we wish you to submit to the supreme
court certain questions" Mr.. Watson
said, speaking relative to constitutions
al amendments then pending before
the joint assembly. Governor, it is
\ my impression and belief as a lawyer
that if these constitutional amend
ments are passed by the legislature
and are passed by the state you will
be confronted and the state will be
confronted with a condition where the
executive will have to appoint, and he
will have to appoint for the constitu
tional term and that condition will
continue until the constitution can be
changed" The then senator from
Orange county did not wholly agree
with the gentleman from st. Albans
and therefore they wished this ques-
tion presented to the supreme court in
order that they might both vote and
act intelligently. There was no one to
present the matter to the supreme
court but the executive and complied
with their requests. The court had
that matter under consideration about
three weeks and then the chief JUS
tice came to me with a pro forma
opinion under the statute that ] had
the authority to ask for advice. He
informed me the unanimous opinion VI !
that court was exactly squarely along
the lines that Mr.. Watson of st. AL
bans had taken and he submitted to
me certain memorandums dealing up
on certain New York decisions in
handwriting of Judge Watson. Now
delivered that message to Mr.. Watson |
of ST. Albans and when that question
came up here in the House Of Repre-
sentatives, he told them exactly what
would take place if they passed those
amendments. There
was no deception on his part or on
the executives part or on the part of
else so far as ! know. What
attitude the senator from Orange
county took in the Senate | know not.
It cannot be said, gentlemen, that the
state of Vermont had been deceived
about this matter when its representa-
ives in the general assembly were
thoroughly advised and were told
What would take place. Now this
natter was discussed within the state
asst December and the governor was ,
aced with the proposition of what he
ould do. He had the advice Of the ,
upreme court, his statutory officer.
Whose advise should he take ? ,
Other Vacancies ,
There.were other vacancies-the va t
ancy subject of the military appoint
nents that the general assembly had /
o make, the ergeant-at-arms, the va t
ancy in the Office of attorney-general. 4
he governor sent his secretary who v
ad to join with me in any commits t
ion prior to the first of December, to t
he present attorney-general and he b
Did him it was intended to appoint o
i'm to fill the position after Mr.. f
rown had passed out and asked him "
hat sort Of commission he wanted, e
hat his theory of the law was, and il
he present attorney general told the "
overnor's secretary that he wanted a a
,mmission for two years. ! intend il
, deal with facts SO far as il is pos o;
Bile for me to do. Il
Now | am told through the press W
lat the ex-chief justice who delivered
lis opinion to me, which at the time in
: told me was the unanimous opinion m
that court, ! am told that that 81
.ntleman since he has left the bench fo
Gently within the last day or two has tn
anged his mind. had nothing to do pc
III hfc CHANGING bir mind tho ra- "A.