The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-03-22
justices of tIc Peace ia MARY
land--DecisiOn OF The Court
of Appeals.

Ne noticed. some " cel,s ago, an impor
lan, case concerning Iho validity 81 tho iaie
appointments D. 60, Bradford of Justices
of the Peace in this State decided by Judge
Martin Of Baltimore city nUd carried 10 the
Couu Of Appeals. The Court Of Appeals
has affirmed lho der;s,on, and consequently
lhe ell Mag strlicf arc all relaf,Aiod IA Office,
to hold until ,ho ere, Monday Of Nav ls5i
We copy The following notice OF the cnse
from the Baltimore I,rsrteoHs
4 ruso ia relation 10 the appointment Of
JuHtco. Of the Peace for the stats Of Mar.
land Wa recently tried before the SUpAior
Cont Of this city, having boon brought upon
a petition of William n. llcbdcn. a maFis
t.ric in the Second Ward Of Baltimore city,
Tor a writ Of mand1m's against james W.
W. TAYLOR, who war appointed 10y Governor
lImdlOrd Justice Of The Peace for the same
ward. The petition Substantially declares
the facts that Mr., Hcbden had been duly
elected Justice Of the Peace for two years,
10 continue W the position until his success
sor should be elected and qualified, and that
he held bis Office when the new Constitution
went into operation. The petition further
sets forth tie language Of the second article
of the new Constitution, which declares that
al civil officers appointed by the Governor
shall be nominated to the Senate within fly
days from the commencement Of each regu.
lar session Of the General Assembly, aud
that their term Of service shall coBlReaee on
the first Monday of May following the ap'
pointment The petition thence argues the
inyalidity Of Mr.. TaylUr's appointments BY
Governor Bradford, inasmuch NJ he was
appointed NJ q special session Of the Legs
lature. The case was submitted on the peti.
ton aud answer without formal argument
10 thcSuperior Court, aud decree pro Jormd
was taken for the purpose Of obtaining the
ruling Of the Court of Appeals upon the
points made in the petition and answer, -
Before the Superior Court Judge Martin
sustained the petition, issued the mandap'es,
and decroed as follows
at appearing to the Court that the ap,
pointment of SAID James W. W. Taylor was
without warrant of law, and that said Wm.
II, Hebden was Illegally ousted Of his said
office, it In therefore ordered and deereed by
the court, this 10Th day Of February, 1866,
that said james W. w. Taylor do vaeate the
aa;d Office Of Justice of the Peace Of the
Second ward Of the city Of Baltimore, and
that said W. II. Hcbden be admitted and
restored 10 the Enid office, and TO the fees
and emoluments thereof
Upon this ruling the case was carried to
the Court Of Appeals, and n decision was
unanimously rendered affirming the above
Judgment Of the Superior Court OF Baltimore.
Justice Weisel delivered the opinion OF the
Court, and Justices Bartol and Cochran,
who were not present Mt the hearing, having
afterwards investigated the issues involved,
fully conenred in the judgment Of the Court
The importance of this decision is manifest
from the fact that it affects the appointments
ofsome six hundred Justices Of the Peace
throughout the city and State, as made by
Governor Bradford during the past winter.