The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-02-25

The DISPUTED JUDGEsHp.--A good deal OF
discussion has taken place relative to the
respective claims Of Mr.. Davies and Mr.
Peabody to the disputed Judgeship in this
district; but as in the course Of it little or
no reference has been made to the statutes or
constitution, we have taken the trouble to ex-
ract few paragraphs Of the fundamental law
bearing on the case.
The merit Of Mr.. Peabody's claim rests en-
existed at the late election, which the people
were entitled to fill at that time, and that the
ballots cast for Mr.. Davies did not express
which vacancy he was to I'LL, while those Of
Mr.. Peabody distinctly state that he is to fill
the vacancy occasioned by the death Of the late
Justice Morris. On the superstition that there
were two vacancies, the ballots Of Mr.. Davies
would be void for uncertainty. Before making
any reference to the law, we will shortly state
the facts in regard to the supposed vacancies
Judge Edwards died in January, 1855. The
full term for which he was elected expired on
the first Of January, 1856. The Governor, by
appointment of Mr.. Cowles, filled that vacancy;
on the last election day, depends upon the
length of time for which Mr.. Cowles, under
that app ointment, was entitled to fill the va
cancy occasioned by Judge Edwards death.
II the term of his appointment ceased on
the day of the last election, there were then
two vacancies. If the appointment was good
till the first of January, 1856, there was but
one vacancy, viz, that occasioned by the death
Of Judge Norris, who died October 20, 1855.
The vacancy occasioned By his death had not
been filed by the Governor at the time Of the
last election, and there was, therefore, no In
cumbent at that time, either by app ointment or
election. The following clause Of the consti
tuition seems to refer to the case. Art. G, sec.
Is, says
In the office Of any Judge of the Court Of Appeals
CT Justice OF the Supreme Court, shall become vacant
before the exp aton o. the regular term for which he
vas elected the vacancy may be flied BY appointment
general election Of Judges when It shall be filed b.
eecion tor the residue Of the unexpired term.
Under this section the Court of Appeals
have held that the people were entitled at the
last November election to fill the vacancy oc
casioDed by the death of Judge Morris. The
constitution further provides,.(art. 10, sec. 81:
That the legislature shall provide for filing vacancies
in cicc and in case Of ecliye officers, person ap
pointed 10 fill vacancy shall hole his Office by virtue of
such appointment longer Than the of the
political year next succeeding the rst annual election
after the happening OF the vacancy.
The next section provides that the political
year shall begin on the first day of January.
Under provision Of article 10, section s, Of
the constitution, the Legislature have made
the following law-(Session 1s49 chapter 2s):
Whenever vacancies shall exist shall occur in any OF
the offices OF this ate where provision now made
by law Ter ling the same, The Governor shall appoint
suitable person who may be eligible TO the Off 20 40
Of until the co Of the political wear snc
csedIpg the fist annual election after of
The vacancy ct which such officer could be by law
elected.
1t appears from these sections OF the const-
tuition and the statutes, that the Governor may
Gil avacancy in the Office Of Judge until the
commencement of the next political year after
the occurrence Of The vacancy. Ia the case
Of The death of Judge Edwards the Governor
did so fill the vacancy, and it SO happened that
the close of the political year 1855 was the
expiration of the whole judicial term for which
Judge Edwards was elected. There was there
fore no vacancy to be filed at the last election,
by his death, but full term was
then to be filed, which commenced January /.
1856.
Tie Governor had made no appointment to
gil The vacancy which happened before the
last election, by Judge Morris death. There
was therefore, one vacancy, and but one, TO be
oiled st the last election for Judges in this