The Barre Daily Times

THE JUDGE APPOINTMENTS

Burlington Free Press Thinks Fletcher Showed Courage in Them

The reorganization of the supreme court of Vermont as a result of the resignation of the Hon. J. W. Rowell as chief justice, is a problem which has been the subject of widespread and active discussion.

On the one side was Vermont precedent, which led to the advancement of the judges in order of seniority toward the higher position, regardless of age or any other consideration.

On the other side was the pronounced sentiment in favor of the application to Vermont of the precedent which obtains in connection with the appointment of the chief justice of the supreme court of the United States who is not always the oldest man on the bench, either in years or in point of service.

As the Rutland News well said at the very outset of the discussion, "The appointment of a man in the prime of life like Judge George M. Powers would be generally commended," and this sentiment was reflected in the columns of the press in various other sections of the state as well.

Other evidence of the need of a man at the head of Vermont's judiciary system possessing vigorous physique and marked energy, in addition to the keen mentality which characterizes all of the members of the supreme bench, was afforded by the recent action of the Windham county bar in relation to court procedure, and the meeting of this expectation and demand is no reflection on the legal qualifications of any judge whatsoever.

If this consideration was to prevail in connection with the selection of a chief justice, it was reasonable also to make vigorous health and good physique as well as experience in the courts and legal learning requirements for the selection of a judge to fill the vacancy on the supreme bench as associate justice, and in the promotion of Superior Justice Taylor of Hardwick, who has been a judge since his election by the legislature in 1906 upon the reorganization of the judiciary system and the creation of superior judges, this combination of qualifications has been secured.

The same thing is true of former Lieutenant Governor Leighton P. Slack of St. Johnsbury, who is made a superior justice to succeed Justice Taylor. Justice-elect Slack is in the very prime of life, having been born in 1867, and he therefore has vigor, in addition to other qualifications, to be considered in another connection.

Governor Fletcher has thus selected for promotion three men in their best physical manhood in order that in the natural course of events the people of Vermont may have the benefit of their service for a considerable period. Chief Justice-elect Powers, who will succeed Chief Justice Rowell at the beginning of next month, was born in 1861 and is therefore 52 years of age. Justice Taylor is 50, and Justice-elect Slack 46.

To prime physical manhood, all three of these men add splendid other qualifications. Former Governor McCullough long ago said that the best thing he ever did as executive was to make George M. Powers a judge, and from the way in which Justice Powers had increased in favor among men and grown in legal and judicial stature, it is fair to conclude Governor McCullough has had no reason to change his mind, from that time to this.

The recent decision of the supreme court of the United States in relation to jurisdiction of states has served anew to emphasize the fact that progressive laws are often as much the result of interpretation of existing enactment, by our courts as of new acts by the legislature itself, and in this direction as well as in others, Justices Powers and Taylor have shown themselves to be fully abreast of the times.

Justice Powers has been recognized as an exponent of advanced thought on the bench, and Justice Taylor enjoys the distinction of having had less decisions reversed by the higher court than any other superior justice. Both of these judges are not only men of broad legal learning and recognized as able jurists, but they are also thinkers who have kept in touch with affairs and who have won marked favor throughout the state.

Justice-elect Slack, who is junior member of the firm of Dunnett & Slack has been the office lawyer, and is well versed in the law, as well as intimately acquainted with state interests. As state's attorney, as state senator and as lieutenant governor, as well as in his capacity as one of the members of the new tax commission, he demonstrated the possession of fidelity as well as ability, and he is deservedly popular.

The reorganization of the supreme court which has thus taken place unquestionably sets a new milestone in Vermont progress. The decisions of Vermont courts have long been recognized throughout the nation as of a high order, and our state has gained gratifying prestige as a result. We can not rest content with past achievement, however and we believe the transfusion of vigorous young blood will give to the counsel we expect from the older men that element of progressiveness which will help keep Vermont at the very forefront of American jurisprudence.

We can see how it has taken some courage on the part of Governor Fletcher to depart from mere precedent and take the course he believed would be for the best interests of our people and for the advancement of the commonwealth.

When told that he would be criticised, he has said he proposed to do what he thought was the right thing to do, considering the matter from a public standpoint, no matter what the effect might be upon him personally.

Governor Fletcher has handled a difficult situation in an admirable manner. He has had to disappoint other able and beloved Vermonters, but certainly it would be difficult to find three men who better represent the new Vermont for which we are all striving than the justices of our courts named--Powers, Taylor, Slack.--Burlington Free Press.