Holly Springs gazette., 1845-10-18
For the Holly Springs Gazette
GENTLE MEN

For the Holly Springs Gazette.
GENTLEMEN
The Inquiries addressed
to The Candidates for Judge of the 7th Ju-
diciaI District. through tine columns of the
Gazette ere before me and has remained
thus long unanswered from the press of of.
fetal duties and other enga agements enter.
into before my attention was called to 1t.
| am well satisfied Gentlemen. that in
seeking to know what construction will be
placed by the successful candidate upon the
the Law of 1874 alluded 10 IN your address
il is not your desire that a candidate for
Judge should enter into pledge before his
election as 10 what shall be his decision af
terwards with regard to legal question.
upon which he will be called officially TO
decide.
There are various ways in which IN my
opinion this question will be brought fore
the courts-"the members OF the Bar differ
on this question:! OF them honest in
their opinions and deeply interested ln the
proper adjudication of the sub u5ject-having
the interests of many li;igants in their
hands; no doubt can exist, that both "a re-
gard 10 the test and return oGprocess, BY
motion TO quash pleas in abatement BY aP-
p.ieation for injunction to stay executions,
and in divers ways. bo:h in pleading and
in practice, the successful ca nGidale will be
called upon to construe the Law. Should
candidate before his election pied sc his
opinion?-l think not
The pledged opinion of tie Judge who
before his election should dicisively deter
mine the question forestalls at once any fur<
ther investigation of the subject. The ar
gument of those Lawyers entertaining a
different opinion-the lights which this
might be. enabled to throw upon il; may
place the question in very different al,i-
tude from the opinion of the candi 'a:e-
Immense injury might result to the country
by the proceedings of parties ltigants act
ing under an ERRONEOUS opinion of acanCi-
date. which every honest Judge shonld feel
himself bound TO reverse when found TO be
erroneous.
1 submit then Gentlsmen TO you whether
these consideration. should not forbid me
either in regard to this or any other legal
question involving the right of parties from
entering into any pledge other than if elec:>
ed Judge. honestly and faithfully to dis
charge The duties that may devolve upon
me according to my best understanding OF
The law.
Iapprehend however Gentlemen, that
what humbIy conceive to be the main and
perhaps Only Information desired by YOU. in
your communication, may be arrived at
without my placing any construction whats
ever upon the act of 1874. will the
Court be held in the County of Desoio on
the 9th Monday in September. and ia Mar
shall the firs, Monday of December next?"
The Oh after the 4,h Monday in Septem-
ber, and In MARSHALL the first Monday OF
November. aud first day of election The
Act OF 1914 does not go into operation un-
Ill "from and after the next general Elec.
tion." No doubt then can exist in regard
TO Desotc; as no Law requiring Court to
be held then and here will al that time be
in force.
In regard to Marshall County. learn
from Judge Howry. that be has directed
the Clerk OF that county to issue all process
from his office returnable to the June term
Of next year ofthe circuit court ofthat Coun-
". This mus. of necessity prevent the
requisite preparation by the officers of the
Law, for holding Court at the December
Term. And whatever may be the con-
s.ruetioa placed .apon the Law Of 1874 as
to the legality or illegality OF such term
by The successful candidate for Judge will in
nv opinion render j, impracticable to open