The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-31
THE FOURTH JUDICIAL DISTRICT.
The Court OF Appeals at Albany rendered the fol
lowing decision yesterday


lowing decision yesterday
IN People &c rel Samuel " Jackson, Appellant yoph
Hand sS aSp'a rssS.; 70;
Enoch kosekrans at the adoption $50 Of the udcsrv
p Which ss ss u Wa
pSuh n, a o M term q Office would mot expire until
iss. article .mpowessl to ' oon sS;,Ue
on the until DAY q s aS9 .. A
November II. general 'a election them
Joseph HIM This caocs sss o The s1 Ta
o. ina, e 1 % 1877 by s n section
the l.. day Of January thereafter The
w. sa Sy III @ ss Is
authorized By The provisions section Of that
article -hh rsad, as ss o,,0r
Praton Of term IN The office Of Justice of the supreme Court
election happening less three months after such
Sy a bs ANY shall be 80 % the
the Senate shall be In session Or II not In session, the
until ss the n
December next after the election at which the vacancy shall
/. claimed behalf of Mr. Justice jackson that by
Se until the last Gay Of @ and appeal.
Court Denying n so to ao Oh the Supreme
Il win escape the argument by which the
consideration Of the ninth section the sixth article of
but ds a es a Dd BE
adherence to the terms Of the section In this
aaY every par viewed connection with the
whole 50 ss 10 make II possible, all its parts harmonious
the intent of the awmakcr s to be sought for. when
ny Of e s % be-
not alone by the words OF part but
%
Ter ss p
but ali pc and good discre
On And the same rules spDy 70 the Of
rsops law 's Johnson D.
tion is considered certain purposes clearly indicated
peto and contnuous Judicial system and to create or
1s and continue nj FL the judicial Offices peeded therefor
signed that the general and N cases Of ex,sency and
@
ion y MS psSg' ..S s''I'sS''' ;ss
when was more likely ina. the whole people
you'd n.s part N IT, 7: Was GOnssved that the system e
hence intended by the article TO create
.na on. de-
1 az S svd ss
was SO arranged as that these terms should end with
@ Whereby Che and an their
az s shs
lion Gee Is For although this ' article does not
soastatica g nsS prepared ADOPTED
TO- a"s Be s pro OF
Sass ". 81, Dion Ohio Ans see per %1lwor.n
Dsn,S ch in II 1s +, People
which in regular routine be ordinarily operat> But
vided tor, which could be met by them and which
operation i is consonans with law and with COMMON
that these should not clash with the general design
should be n the nature OF saving clauses in statute
smaller lhsn thing sef and nusiyns 4 kens,
w a. i Ss
shall not restrain the ssnhca,ion Of the first Andree ~
BY the
Sis the general plan .hs article TO-
e dc an %
the oes That Is sun LETT to be We, Sr according 81, to
sra % thereto and for as
be for full term that then also fractional term
But Just here possible mischief was to be guarded against
Il matter OF political aud Judicial history that under
the as essSa Without tie ' as
@ ss e 3, s s
been chosen III The same r1s People s, Davies
U.s. sec II Anal perceived a: possibility that, '' a p
number OF them might exercise the sh, and prorm the
duty to which al should be called aada few votes cast
a the might or he paee
e 9s Thss hs
AND TO sa b ea dnr ad pssS
siiion the vacancy should be hled general election
1n% f'H should 5% n5 ad execution execution
election az s ess nd three ." after the
the occasion might that some
election to the public cv
un L n' be- So f d Se was
win or without Inc adv b ana .ooseh, II tue
ment. -'fD'
iants That the choice Of the electors choice
the general election to the prehxed
pration of Regular term. successor for a new
% Tue S Se S
G ne s ysr anq the
practical OF twelve months over is created and that
ton. Il Is apparent that such consrncon Of The ninth
5 dow o os
., IF shall prevail ~ .s true that where
from the of The wss W. can hne
DE-
Be avoae
sss5':s ss s s
parted from, the legislative intention must be.
Courts M viii sa the IN Of 'a'n
II n" that by , eon
sacrificed it ought to be conended That the
se eSpe s Conn., 81 s "a
ms made The us 70 secon by
defeat the electors OF their privilege to choose an
S es%H0ea ,0 e.l."aoa on es Re ns aSsH'
VIM Gs the h o. Ss The
appontee Of the Governor who according 70 this construc
succeeding his appointment before that year
three OF the election of that
| after the general election aud during the year,
resign his Office, and then vacancy again
again nlled appointment for q Ike fractional
twelve months or And ths succession of appoint
and resignation and resignation and appointne
be kept long the Judicial and executive
the people may be willing It. Thus would tho
permanently defeated In exercise of
sutons privilege of choice. t needs not to all the
evils would thus result IL il sufficient
would WORK entire peryerson OF the spirit ami general
intent OF the Judiciary article; and for that such
construction be eected upon the PRINCIPLES
laid down. unless the clear
the ninth section when
rest of the article shuts JUS up to II.
not thus bound. by rigid adherence TO
the letter of the section regardless of other
the article equal greater Importance equal
claim consideration The ninth that "when
vacancy shall the shall be illei for