The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1855-12-28

every county of the district.
Speaking again of the much disputed thirteenth
section, the relAtor says-"It will not do to dis
regard this plain mandate Of the constitution by
supP0.es Aaa s ss%s
argument he cites authority the language Of
Mr. Justice Rugees, 10 the Court OF Appeals that when
an instrument wooded (as this certainly no clear
and precise teruswhen its meaning is evident aud leads
to absurd conclusion there can be no reason for
fusng to admit the meaning which the words naturally
import" On this authority, then, may venture &
suppose not Of evil and Inconvenience only but OF
ton gees that l-nghhat M Justice Morris the leading
Characteristic owhose dlss ia sud enness coming
into town early the morning Of the election had, in
moment without warning dropped dead in his carriage
and that his coschmap alone cognizan Of the vacAncy
snd ambitious, as he had right to be, Of promotion
from the box to the bench had to the poll and de-
the ballots next morning had ben simultaneously
Justice MorIis's coachmsu had been chosen TO-
fill the vacancy Suppose, ! say, such r. case,
morning, would not the electors and the
whole people, including the fortunate candidate,
have exclaimed, what an "absurd conclusion to .
The relator without denying has endeavored parry
this absurdity He says that In his case, fa know
lodge Of the vacancy had by the electors and that
g wrong injury has taken place." Even the
fact It would furnish answer in law; but the fact
in both ts branches as the shows the
Five thousand nine hundred and twenty one--aot Of
the electors who might have ssad at home-sat Of the
ticket either knew nothing of the vacancy,
bad no sufficient opportunity to prepare
an By adding and
it will be found that there that number of ballots
sd With no designation except s's oi Justice coy =
the supreme Court for the Tsst Judicial district to
that effect "B.li1ts Gas the complaint says we're
term, but not all the ballots There not the slightest
probability that the ballots originally printed before the
one name and of which 1t would nearly SIX thou
sand were actually deposited containei any special de-
scnatiou The Law required none and was proper
When therefore, the relaor in of his points, says
that the 'orm Of the ballots scrought homs to the
tce Of every ecctor that justice to be elected for
the long term and justice to I'll the vacancy he g
the existence Of the 1921 aud ignores too fact
public ana notorious, and PROVED in eject by pubic
But this is not all 1t appears by the compliant that
the election held Tuesday commencing OF course,
NJ sunrise The 9th Of November; Tat idea of filling
vacancy seriously entertained till the so ID OF 0,o
Der and that the of the reator In particular
not suege sted in that connection till Saturday. the 81 Of
November. and, OF course not lawfully and regu-
larry published till the morning. Of Monday. Here,
then WAS an interval OF twenty-fcur honfs-eipht
of them devoted TO slumber--for sixty seventy
thousand electors to get information Of the exeensy aud
to the merits Of the nominee, ana to make
Engagements for concert OF action Under these circam.
stances ia 1t to be wondered at IL such be the law that
candidate with less than eighteen thousand out
than Fifty FIVE thousand votes should take seat the
bench which another with nearly twenty thousand
at the election fails to reachY True, IL Is said,
was run for the short term and one for the long term
Siil both whether for eight years five, Ter
seat on the same benchand the consequences OF the
hurry tanty and confuiiou If such election DO
legally operative Is to deprive the people of the services
of Mr. Justice Cowles although nine thousand Of
the electors voted for him than for his competitor,
Mr. Davies and although Fix thousand in effect ha no no.
tce that any special vacancy to be, legally could
be, filed
TO say as the reator does in view Of such results and
Others Of like character, that wrong injury has
tssen place." is TO advance proposition which, al
though perhaps true respects the reator Individually
il clearly in opposition to the fact far the
body OF the electors On them this hurried an ire
guar election called be established, the most sgrant
wrong Will have been inflicted; aud wha. IL still
serious consideration priocipe will have been
settled under which, in population Of between three
bred thousand Judge may be placed upon the ben,h Of
the Court OF Appeals without single bsot in his favor
except his own and without knowledge of che vacan
The conclusion to which this argumen, leads may be
summed up in the following brief propositions:-
respect to the former sy tenn the hieary, whethe,
wisely not was intended lar practicable, to be
made elective directly by the people.
Seccnd-1hat the appointing poser of the Governor,
when Showed 10 be exercised 10 be confined to spe
cs scnces and to cease as as in the due and
orderly course Of things those emergencies should
and the popular will ne ascertaned.
Ihird-1hat the chimes" Of eectiug Judges-whether
on the irst Tuesday after the Hrst Monday II given
month, the first TUESDAY after the first eighteen
days, from the happening Of vacsncy-were left to
article or 10 be provided as expressed in art, le TO-
''by law"
death oonsttutionay be held without substantial
compliance with the regulations in regard to unen
and other particulars prescribed and provided" by
Fihh-Thst the constitution itself ordans that the
Legislature shall "prescr,ban add provide such
ations and intended therefore that when made they
should be observed.
si1thrbatt tn. minimum time, in the present Instance,
to which the electors were by law entitled was twenty.
tv, siAys-ffrom the I4th oc, to the 9th Nov land
that the vacancy in question happened late to
allow less than htteen the alleged election TO fill twas
not ane could not be held ordng to the regulations
ordained by the constitution to he made, and pro-
per y therefore, treated By the executive as nullsy
sevtnh1hat the vacancy created by the death Of Nr.
Justice Morris not having yet been supped by the
election By The people, was lawfully called by appoint
ment by the Governor
Eighth-That such appointment. will continue In force
until the vacancy shall be supplied at the next general
election Of Judges, when (or at wbch Il shall be iei
by election for the residue OF the anexpifed term that
IS until general election takes place at which 1t can be
dled by the electors wtnout vioaFing the rules and
regulations q "tmev and other particulars pre-
scTibed provided" by law; until special elec
tion, under the power given 70 the Legislature 20
vide for filing vacancies in oise can be held aud com
Nnth-Ths. the Legislature in execution of the power
so confded to their, having proviied tina. " vacancy
proper TO he supplied at general election shall not hays
been supplied At the general election next succeeding the
happening thereof special election 70 supply such va
shall then be held Is Is the daty o. the Governor
directed by the statute 10 order such ell ction and
10 issue his proclama lon therefor"
Tenth-Thst the article In the constitution which
joins Il on The Legislature, With snge re'ricon to
provide Tor hing vacancies 10 ONCE being suesequea n
order must nscesssry DC . construed a. to N r0i
or qualify the sixth article which ptecedes 1t.
Eievepsh-Thst the jndgment u the special term la
favor of the defendant ought therefore, 70 modified
far, and TO dccare the defender. entitled to hold the
Office to which he has been appointed by the Executive,
until and Including the slst u December 1851, unless
the vacancy shall be sooner supplied by specisl
election, 70 be or.ar,d FIR that purpose, and that
with suoh modification, the Judgment b. affirmed
NoIr--lt may be proeer here 20 observe, and "
member ttat the doctrine commended for by the reator
that in Gaze 81 vacancy occurring no matter AZ how
late period n shall (using the word Ia the imperative
and not II the sutjunctse mood, be supplied at the
next general election and Chat the whole clause legally
construed means absolutely AMI quaidedly the very
next general election apd not IN" next general ,esnn
at which consistently with 'te authorized provisions "
In the view Of the constitution terminates A. the setting
Of the The very day - tie eec ions AM u une-
diatey GLsd by The SUGGEST candidate the instant
that ibe polls closcd-supoosing | say this doc
trine TO be sound there on the 9th Of No
vernber the The Supreme Court Ben b 20 DO
oiled by election that ~ VI. Justice Eiwad for
about txo months The unexpi residue Of hia tenn;
one, thai Of Nj. Jusucs Morris, for about srty-tws
months The unexyrcd resi5rs Of his term; and one
ar,ait frnrn rarnlar niraiinn Of naien-tnr