New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-12-28

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,A ,h scene eontended for by the that IN ease Of
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s.s the vsssDey can b. ed and tha vse,ny the
Of the Constitution terminates at The .ens 81 Toe 'Se
HE ,usesu esndds on inAnt that the polls are closed
the S,S o. Novsmbsr three Ii. Supreme Cont
Beach to be 6led by elections one that OF M Justice
ne ,.r 'S one tS,t Ct Mr. Justice Ncrs T a5ou, Sky
two mOnh. the unexpired reduo e hS term md ooe
lAs iu f1 term " Of eight years ho% The @ Jaueiy
S a.s we ,,ss lion OF tbe more l.n
determine ths result and which there 40 aos Of
ana that there possibility Of deter ninisg witt ea
certainty which Of the several person: wed for vi f
csvs. Or Wiring and they were for ca OF
.S.tSsIs wa sOshiDs on SsS Xnd to the there
Sohils on ifsT 70 ssds OF that Of JlJse Norris they
ssss ie,nssS so .dttSs tho fsaos dctrae
a. ne nsv no or Of aoy other candiiate ehs for ul,
edasJ term for eeht years or FOX t"o months or toI
allowed BY law.
S.B STRONG 1.-THE relator and the defendant
each claim the Office of Justice of this Court, va
Gated by the death Of the lsmented Robert IL Morris
The loss of that most estimable msn snd able and
consciert oas Judge in itself great public ca
Ismty but the evil is enhanced by the fact thst it
was under circumstances which have led b a dis
puted succession. The defendant claims to hold the
Office under a commission issued by tbs Governor Of
this State on the Sd day Of December, 1855, and the
relstor seeks TO be indicted into it the allegation
that be was chosen to fiji the vacancy at the general
eJe<ton held on the 6th day Of last November. Both
Of these gentlemen were candidates for seats the
bench Of the Supreme Court at that election, and
each received number Of votes sufficiently large TO
indicate TO considerable extent the confidence Of
the public in his competency and fitness for station
Of such high responsibility. But as they were not
competitors for the Office for the time the cleo
lion furnished certain test Of the preference Of the
public for over the other; and if it had done
that could not be influenced by it 10 decision,
unless ii had been conducted pursuant to the Cons
tuition and laws of the State.
The provisions Of the Constitution and Of the stat
ntes applicable to the present controversy are as fo
lows; Sec. of Art of the Constitution provides
that the State shall be divided into eight judicial
Districts Section l2 of the same article Ia in the fol-
lowing words: The Judges Of the Court of Appeals
shs be elected by the electors of the State and the
Justices Of the Supreme Court by the electors of the
several Judicial Districts at such times as may be
'prtsTibed by lap." BY the 18th section of that
article IT Is provided that In case the office of any
Judge of the Court Of appeals Justice of the Su-
" preme Court shall become U0cant before the expira-
" ton Of the regular term for which he was elected,
" the vacancy may be filled by appointment by the
Governor until Il shall be supplied at the next gen.
% erel election of Judges, when it shall be HIled by
election for the residue Of the unexpired term"
BY the 5h section Of article 10 it is ordained that the
in oas"s, cd Bose, or elective officers no
peron appointed TO fill vacancy shall hod
kis Office by notice of such appointment longer
thap the commencement Of the political year next sue.
oeedipp the t annual election after the happshlag OF
the vacancy The eighth section OF the TENN a!ncle
authorized the Legislature to declare the cases in
which any Office may be deemed vacapt when no pro-
vision ia made for that purpose in the Constitution
The Revised s atutes n X. S., 122, Sec 34) had pre-
youfy declared that any Office should beco ne vacant
by the death of the incumbent There was no renewed
enactment to that effect after the adoption OF the pres
ent Constitution, nor was necessary that there shoud
be. The death OF an incumbent without any provision
of law for an immediate succession would neces' army
create vacancy. BY the act OF Aprh D, io42 teoap
l3o article l. title g. sec 3, P. ll2 It'll provided that
if any vacancy shs exist IN county proper 70 DC
of State shall, between the lst OF July and t1e
18th Of October previous to such election, direct
and cause TO be delivered 10 the Sheriff, Clerk
or first Judge Of such county a notice In writing
specifying the cause of such vacancy, the
name Of the officer in whose Office it has
CURED, and the time when lis term of Office will
expire and that if any such vacancy shall exist in
district he shall in ike manner direct and cause to
be delivered to the Sheriff, Clerk first Judge of
each County therein the like notice. BY the fifth
section of the article the Secretary is directed
10 publish such notice in the State paper once 10 each
week from its date until the election By the four
teenth section of the third article of the same tile
the officer receiving the notice from the Secretary
without delay to the Supervisor or an assessor
Of each town ward in his county, and to
cause copy Of it to be published in all the
public newspapers in his county once In each week
until such election. BY section Of title = chap. $780,
of the laws Of 1872 il is provided that general cleo
lions shall be held on the Tuesday succeeding the
frst Monday of November in every year. Pursuant
to the statute passed since the adoption of the
pwsent Constitution, the 9th of November last was
the appropriate day for the general election Of
Judges curing the present year The term for which
Judge Morris was elected would have ex pred on the
3lst Of December, 1850. He died on the 23d day of
isst October, when II was too late TO give the notice
Of the consequent vacancy required by the &C. of 542
In SESSION for the election OF the present year. AMI
such was given. a lar portion of the electors o.
the let District, In which Judge Morris had been
elected, gave their votes at such election for can
didates TO supply The vacancy. Of which the re-
lstor received plurality. Ifthat election was legal
20 for 1t relates to the Office for the term in cues
uon the reator either is at present or soon viii be-
entitled 10 admission If such election was void there