The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1917-04-19
Thursday, April 10, 1917
DODGiNG THE BLAME

MCrrisyille Messenger in which he
tries to relieve the court OF the re-
sponsibility of sending member to
try to influence the senate on the
court bill behind closed doors. In his
letter Judge Powers seeks to explain
the case as follows;
Senator Peck called me by tele-
phone one evening and told me that
some OF the senators had formulated
a plan 10 have the Senate 20 into
executive session, resolve itself into
q committee of the whole. and
invite one OF the justices OF the
Supreme Court to attend and give
them such information regarding
the courts as he might be able TO;
and he asked me if ! would come TO
Montpelier the next day for that pur-
pose. referred Senator Peck to
CHIEF Justice Watson, suggesting that
It would he more appropriate TO call
upon him fer the proposed service.
He concurred In this view and said he
would confer with the CHIEF The
next morning Judge Watson called me
and said he thought that Judge Tay
lor. VINO had compiled the figures, was
IN a position 10 give the Senate more
Information on the subject than any
tne else To this agreed; and, at
Judge Watson's request. telephoned
Judge Taylor and asked him to go to
MOntpelie, prepared to accept the
invitation OF the Senate to appear be-
fore it, The fact that the session was
TO be a secret one did not occur to
me when | was talking with Judge
Taylor and aid not mention it to
him. The Senate, alone. was re-
sponsible for having a closed session
and Judge Taylor had nothing what
ever to do with ii.
No one will question the truth of
any statement that Judge Powers
makes and no oae will question this.
but II appears to The Banner that he
L. getting the supreme court into
range OF criticism worse than before
The Senate is a legislative body and
Ike any other Legislative body il
makes its own laws and rules to gov
ern its own acts and processes, The
Senate can &c into executive session
and 90 10 sleep if iplwants The Sen
ate was entirely within its rights n
the matter even though its act may
bot have been in the best Of judgment |
The criticism came from the fact
that a Judge of the supreme court
went in behind elbsea doors, and. as
far as the pisblie cam see, tried to in
faence thar ,aesly On an impertan, bill
which was the business of the people !
OF the state of Vermont
Now if Charley Ok of Bridgewater
Four Corners, had been called before |
an executive session of the senate |
quite possibly he wouldn't have recog- |
nized that the session was executive. |
Charley might have thought that the
senate always acted that way, but
Judge Taylor has served in the Ver- |
mont senate. 1t is very possible that |
he talked there for three-quarters of |
an hour without recognizing That the
session was behind, closed doors
Judge Taylor wasn't blind. and deaf
The last time we heard Much as we
sustain Judge Powers reputation for |
veracity We should have hard work to
swallow any claim that Former Sena-
.or Taylor of HaIdwick is in such
mental or physical condition that he
,annot tell an executive session from
IN open session of the senate.
rs the Banner has previously said.
We do not believe that Judge Taylor
aid word that was improper or that
lie would not have dared to say in a
'ublic meeting. 1t was most unfor-
innate performance only from its APP
earance and from the method used
eoause it attached suspicion to ju-
icial body that should be above sus-
icion. The fact that the suspicion
ant justified is not cure.
Judge Powers now brings himself l
nd Judge Watson into the case in a
enerous attempt to help Judge Taylor
ut the actual effect is to involve a
Iaiority OF the court We have all
cen caught in the same way. In try
ig to explain an indiscretion was u.s.
ally only get in deeper. The Banner
ould respectfully suggest that this
tie spring mist be permitted to dis +
live before the summer sunshine.
riting letters will not hurry up the j.,
:,
- B