The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-31

the term Of his appointes would continued untl
Ss IN s9s s that %
% s would have sc
on the M DE-. Of S a as h s
not held to wait upon those OF the sixth ana
pare Tor Blu, to give them controlling operation in the
'I .a s0s qao!es re
% Of Ss ssa Ss Of tn. ~
strunent, and provide for what win Of certainty
renee and temporary 1t is plotted out. bo! being pre-,
abide IN un the exact contingency
The language Of the section s:-"when . vacancy shall
% Wis than term in the once s. 81
provided for can only before the expiration Of the
;ss way: for sysss q .Ssvs cited,
pred and in which the vacancy is 70 Dc sres,e must: be-
second resign Or third removed fourth 70
ssO the % ss S d se oss n. s SEVENTH S s
moved by judicial decision.
the sach office" though they but words OF
cn stu make clear the meaning snd intent M
any provision in regard thereto, that Vacancy be
ssT the e.praoa the term which he a.
r Sa ID no M or
oe and before the expiration OF hts term thereof there
cessor regasry chosen And yet IN ssrc'nss such the
ssfS ss "spsaa of Mr. . Rose
krans not only has he created vacancy during
IT. Sc V
sn nss aSs IN %
neerng provisions Of the constitution and Of the laws
ben, living, and who has qualified Mr. Justice Rose.
could not that s 70 he hold III. not S @ @
January is7s any part thereof He could NOT them
he nSs e mad. could Great. no va
Ss The ONCE for that sr% S % b.
any part thereof The vacancy which ne did create
when ~ sons,,ss y the ninth ,s;
assTss, ss'sn. q :Ss
con"dersd Is limited in its practical exercise IN the part-
E, By A % g Of S. the
specific BY TIE fact. Of that particular In the
70 on TIL: By appoint.
then election Thus one OF the methods Of
bling the vacancy was operative The Other BY all the
before the next general esson happening than
the O the 0 SSS u of s
operation conspred to create full term In which there has
been vacancy 10 Ill.
rived at rule that the evil sought to be
Is &c . S be sn ad %
though tins rule generally invoked ,Ss, IN ad oi
secaei based upon the idea Of ar,
inc oa s ne W n
il Iuay rational prevent stretching
to brns up to the full measure of the proposed re-
Now as We have said the evil apprehendcd was the COM
Ing into judicial Gce 70 vacancy II 1T o sSs as
ton be aled OF one chosen by, but few Of IN.
better Of the rs rsmsy %a
to forbid to foraitous vacancy unA such
the occasion be and generally sctet
keeping IN view the desire to AVOID
the article took place it ahoud be for full
Now this resulting in the possibility of
unlimited series Of fractional and complete ignoring
think diversion to another purpose OF the work OF the
OF the sixth and which, with
violence settled rules Of may be repeed
cy shall be so filed" section, have
Of the section appear that they convey
other meanng than The wGs The U s%
confined to the vacancy spoken of in the prior
TO sum up viewswe conceive that the whole article
be w S sas nm eAs where h. Ss
de or me must be held to be nS
events sure TO occur at stated intervals that Il
that che ce plan Il for s a
that these shall be provided for by the choice
Prssion Of ss !sIm snail SsSn nc
taA' the ~n'@ events designated Inc .ac@
fore general would eIis, beyOna Or into Tn
amer ,n aeT per.p1 chosen shall have M term
years, beginning tue lst day oil January next there
after; when vacancy occurs by such reason les
months before general election, the Governor
and senate, MI II until and ncudn
the day December next after such election If tn
| vacancy re one TO be hied by election, unit
&c vacancy occurring in term which Itself expires tina
| day.
In Judgment this construction of the article and
givcs each part Its due force annul
ana confines none in its operation save to the gene
! particular to meet which was pro
vided. 1t foresees as sure to arise from Time Z
time the when what we have termed tn
general provisions OF the article will DO their allotted work
likely arise the different exigence
when have termed the particular provsions mus
be relied aud used to the public service from
barrassment.
IL follows from these considers that the resignation
Mr. Justice RoseKrans created In the oncc OF Jus
tce Supreme Court the Fourth Judicial dsric
no longer than day OF his resignation until
including of December 1871 that the appoint
by could lie for that Of time an
longer that right of Mr.. Justice jackson TO tina
the last nsned and that the RESPONDENT
Joseph Potter itnona and legal Justice OF thu
Supreme the Fourth JUDICIAL District for the tern
of fourteen years. beginning the LIST day of January A.
1872.
Therefore the judgment Of the General Term appealed
| from should be affirmed.
THE TEMPERANCE CAUSE.