Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1857-09-16
If-s-s,IRattqR eol331 IE.TRE oIERKsHIP

s U-s.UdReg4Fg 0tI OF ERKSHR. !.
~ The decease os Mr Haywood for many years
Clerk of the United atsass CiElh Cogs& for teis
State, having created . 1ee9ncy ~ sc ne ne
difficulty seems TO have arisen ID
ner inswhich that yacasey shah be fl!ed. ana by
whom-two gentlemen, Edward Cantwels Esqs s y.
appointment of Judge Wayne,a and the latter unqer
that of Judge Potter. This matter seem 70 nave
given rise 20 moro feeling than We had ANTICIPATED
and eyen to some extent assumed partisan chafac-
ter, which is deeply to be regretted. !1ss.>
q It would seem that MI. Haywood, the former CLERK,
was appointed under the provisions Of an act Of Con-
gress passed in 1902 which provides that the Cir
cult and District Oourtssf for North Carolina. shall
appoint Clerks for said Courts respectively" do,
the power to appoint Clerks for the District and
Circuit Courts being given in Identical Language, by
the same law, and Il one Court has the power to
appoint in vacation the other has; and if one has
moi, the other has not The provisions Of this law
extended to the Courts Of all the States by the
general law of 1889, which provides that. All the
Circuit Courts Of the United States shall have the sp
pointment Of their own Clerks, and in the case Of
disagreement between the Judges, the appointment
shall be made by the presiding Judge Of the Court
e The Circuit COURTS composed Of the Justice OF
the Supreme Court; wh0is the presiding Judge, and
of the District Judge, whe is the associate, and the
effect of this law Is in Of disagreement to vest
the appointing power in the presiding Judge. who,
in this case, is Judge Wayne. sag!ss
Previous to this time, we believe the custom, with
the exception Of NJ G., and one ortwo other States
was for the Clerk of the District Court to act as
Clerk, erc6fco, Of the Circuit Court from which it
arose that officer of the Circuit Court might be
appointed to remove without the consent and in OPP
position to the wishes of the presiding Judge OF that
Court Indeed the immediate occasion of the enact
ment was of the kind occurring in Louisiana,
where Judge Lawrence of the District Court renlovt
ed the incumbent and appointed another gentleman,
in his place. Clerk of the District Court and the
appointee claimed and exercised the right to act
Clerk, er-ob5cio, of the Circuit Court 6pposi-
ton to the wish Of Judge Mckinley, the presiding
Judge. The act of 1888 met the case, but created
another difficulty. Presiding Judges and must
be resident of the greater humber of States in
their Circuits and of vacancy arising in their
absence, which the District Judge could no longer
supply might occasion injury to suitors and serious
ly delay business ss'- '-st = III sra.e.ir7 e.
This gave occasion to the act of March 1S48, I'M
der which Judge Potter appointed Mr.. Rogers
That act provides that In of a vacancy in the
office of Clerk of any Circuit Court OF the United
States in vacation the Judge of the District Court
in the district within which such vacancy occurs,
mag appoint Clerk, who shall hold said office I'M
til the end Of the next term of the Circuit Court for
such district, unless the office is sooner filled By an
appointment according to eristing laos" - Sal.
1t is contended behalf of the claim set up for
Mr.. Rogers, that he holds at least until the next
meeting of the Circuit Court and that the only pow
Of appointment in vacation is that conferred by
the law just referred to- Independent Of which neth
| er Of the Judges have the power Of appointment,
and asst vests this power in the District. Judge,
therefore the Presiding Judge cannot act at all until
| the Court meets s. &-s. re s,%
| In the opinion Of Judge Wayne the presiding
Judge, who subsequently appointed Mr.. Cartwell,
the Circuit Court has the same power Of appoint
ing vacation that the District Court has, and the
power of this latter is not denied. If under exist-
ing laws" that is flaws they stood before March,
164s the Circuit Court has the power to appoint in
vacation, then that power is in Judge Wayne, who
is the presiding Judge, and the appointment made
BY the Dstrie: Judge is only temporary. until an
appointment is made according to "exsting laws. "
If the Circuit Court, equally with the District Courts
possessed under laws prior to 1s 49, the right of ap
pointment ip vacation, then Mr.. Cantwe! is entitled
to the offce-ifit had not, then Mr.. Rogers must
hold the appointment until the Court meets. Rea-
soning from analogy, from the fact that the appoint
| ing power is conferred in identical language upon
the Circuit and District Courts we can see reason
for doubling the power of former Court any
than Of the latter, which is not called in question
| Wilmington Journal p