New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-01

All parties IN lois CITY nave nOmhaWo cahoio"'o'
for the office of Justice of the Supreme Court 10
this District, apparently without stopping to reflect
or inquire whether there is any such Office to be
filed Judge Davies resigned his Office as Justice
Of the Supreme Court about year since, and the
Governor thereupon appointed Judge Bonney to
gil the vacancy. That gentleman has discharged
the duties of bis Office 10 most creditable manner,
aud we do 10 injustice to the pure personal char
acter, eminent legal attachments, aud superbuman
abilities of the Hon. G. G.. Barnard when We say
that the city and the bar would not be gamers by
an exchange of Judge Bobney for Judge Barnard.
Fortunately, We do not believe that the city and
tie bar are, at present at least to undergo any
such change. The clause Of the Constitution bear
ing upon the question resss as follows:
csse ocs lodge Of the cOur. Of Appeals or
ste of SuDyee shs become vacast before the ex-
praop OF the term for wbioh cted the
may filled by appointment hy the Governor until snail De
sur az The general election Of Judges when shall DO
filled By election residue Of the uneIpred term
This language is perfectly clear. The vacancy
is TO be filled not sat the next general election,
but " at the pext general election of Judges" aud
a general election of Judges" according to the
scheme of the Constitution, occurs only once in
two years and does not occur this year.
But. TO remove all doubt upon this subject, we
have the express decision Of the Court OF Appeals
That Court, in the case Of the People ast. Cowles,
reported in the third volume of Kernan's reports,
at page $50, uses the following language:
"Wben such vacancy permanently filed must be
Inv election for the residue tte pired term not at special
election, general election merely but e genera eiec
o Judges Other clauses OF tie same article su9td as he
mesrt saying referred to under this degnshon
Under the four elected Judges Of the Court Of Appeals
are directed be classified that ore Of them sha De elected
every second year. and by section the Justices of the supreme
Court to be classified that ore Of tue J1'tce Of each Dis
ct shall Of office at the end OF every two years one
Judge o. the Court OF APpess and es justices Of the supreme
general election Of Images spoken Of az ne 13h section
the eth OF November last wssno only general election
but also general election Of Judges"
1t seems clear that the yacan,y caused by the
resignation of Judge Davies cannot be filed this
Fail, but that Judge BOnney holds, under his ap-
pointment by the Governor, till year from next
December for sit happens, in the case before W,
" that the election which is to be held on the 9th
"of November" next is only general election"
and not "also general election of Judges" The
fact that Judge BOnney fills the place of one of the
extra Judges allowed for this district, can make no
difference in the decision OF this question Of consti
tutonal construction. Beside, the case passed
upon by the Court of Appeals was precisely such
q case.
We know not how the city will survive its loss of
the Hon. Abraham d. Russell and the Hon. Geo.
G. Barnard, both on one eyeutfu day, add those
gentlemen are doing their best 20 console the city
by running for the other Offices. Unfortunately,
however, one stands no chance of an election, ami
the other stands no chance of getting the Office if
elected.