Wilmington journal., 1874-07-24
TERMS OF SsTHsCgIirTION
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In tEe eastern portion ot the State
tn" ,liang" i'll the First, and that in
H." Fonrth Judicial District, give a
rc!."f ID the people that WAS much
n,..,le,i, and the good fleets of which
1.sii h" felt for years to come in rectify
~. the evils of former Radical lnGis-
Iation
Dythe change III the Fourth District,
The people are enabled to get rid OF
Judge Russell and TO put upon the
bench a man whose OILY ambition will
be to administer Justice by a fair and
impartial execution of the laws of the
land. And for such an opportunity
the rcople will long gratefully remcm-
bar the Legislature of 1S73-74.
Provision was also made for the
election Of Judges in the places OF Mr.
Cioud, i'll the West, and Judge Moore,
of the East, who now sit upon the
bench hy a sort of joint judicial and
Iscutiye usurpation. Judge Moore
WAS appointed to fill the vacancy oc-
cisoncd by the forced resignation of
Judge L. w. Jones, and claims to hold
Office fer the full term that Judge Jones
would have held it, Mr.. Cloud claims
to be Judge in the Salisbury District
by virtue of an appointment from
Governor Holden to I'll a "vacancy"
0ceAsioued by the refusal Of Mr.. Star
buc!, to accept the position for which
lr had been voted by his radical
hrcthrcl. in She State. The office was
never filed or attempted to be filled by
S;j:lrhUck, yet Governor Holden held
In. StarhuCk's refusal made Il eva
clacs" that could be filled by the cz-
cl...sn Of IAN exc cutive Junction." and
1ir. Cloud holds that he can continue
to fill it IS long as Mr. S;talIucE
c.t.iI have held it had lie accepted the
Office originally. The Legislature en-
t,Ituincd different views IN regard to
larttor and passed bill ordering elec- |
tiuH5 - be held to eli these vacancies in |
accordance with the requirements Of |
the Constitution.
In this connection it may be well to |
lHcntIon an incident showing the ecru- |
lous regard of the Conservative party |
for her law. The bill ordering the |
elections Just referred to, as passed |
by the Senate, contained provision
ordering al election to fill the vacan-
cies on tho Supreme Court Bench oc-
casioned by the designations of Judges |
Dick and Settle and now filled by |
Judges Bynum and Settle under ap-
pOintmcnts from Governor Caldwell. |
In the Senate there was no difference |
of opinion among Conservative lawyers |
about the matter, but after the bill |
reached the House OF Representatives
Colonel Bennett, the Chairman of the
judiciary Committee, announced that
he considered the clause in reference
to the election Of new Supreme Court
Judges to be unconstitutional. There
upon, Notwithstanding the fact that
Colonel Bennett was tho only Conserv-
alive lawyer in the Legislature who en-
t2rtained such an opinion, the COnserva-
tivcs agreed to strike the provision
from the bill and it was accordingly |
done and the bill sent to tho Senate in
It's new shape for its consent to the
change, which was given without diff |
Guilty. \ moro striking instance of |
Unwilingness on the part of domi-
rant party to avoid the appearance
even, Of acting contrary to law, is
rarely Witnessed.