Whig and tribune. [volume] (Jackson, Tenn.) 1870-1877, 1875-04-17

COURT.-WE are unable to agree with
our correspondent Madison" in the
positions assumed by him, in relation TO
the power of tho Governor to appoint
Judge, for the common Law and
Chancery Court of the County of Mad
ison. The act Of the legislature es-
rablis5ing the Court and creating the
office of Judge thereof, became law
on the 18th March last. There was a
SQUIRT and an Office created by compe-
tent authority. At the time the APP
ipointment OF Judge was made, the office
never had been filled, by election or
otherwise, but to say there was no va
t-ancy, in an office that had never been
Jled, is solecism. Chap. 5. Art. l.
the code providing the mode and
MANNER of electing Judges and Chan
2cellors contains the following provis-
. ions:
SEC. 3l2, whenever vacancy
occurs in any of the offices herein
manned, the Governor shall order an
election by issuing proper writs of
election to fill the vacancy. giving
"notice thereof"
SEC. 3l5, "In the meantime, the Co
"vernor shall appoint a suitable per-
"son to fill the office, until the cleo
"tion of a successor"
ART. VII, SEC. 8, of the Constitu-
ton Of 1870 provides that
"No special election shall be held to
fill a vacancy'in the Office of Judge or
District Attorney, bat at the time,
herein fixed for the biennial election
of civil officers:
And such vacancy shall be filled at the
next biennial election occurring more
than thirty days after the vacancy oc-
ours"
The time fixed for the biennial cleo
ton of civil officers, is the 1st Thurs
day in August.
These sections of the Code and the
clause of the constitution referred TO.
construed together, it seems to us es-
tablishes the power of the Governor to
make the appointment, to fill Il vacan-
cy, ",chenersJ" it occurs, beyond all
question.
If the act of December 18th 1871,
which authorizes the Governor to fill
vacancies in case of death, resignation
or removal is to receive, the stick in
The bark construction, insisted upon
by our correspondent, and we think
1t should not, and will not, if the
Courts are called On to declare upon
it-there is still ample authority with
out it to fill the vacancy. And as the
act of 1871, neither by express terms,
nor by necessary implication, repeals
the sections of the code above men.
toned, but is in pari materia with
them, and are to be construed togeth-
er. Taken together there is no doubt
that the authority is ample 10 ill
vacancies occurring either by death.
resignation removal or in any other
manner. II our correspondent Is right
IN his position, then it is not CONNIE
teaI s9T the Legislature to create =
= court and the SSffice of Judge to take
effect Immediately, for the provision
of the Constitution is indexible, that
no special election shall be held, to
fill vacancy in the judicial Offices of
the State-and if the Act Of 1871 is to
be so strictly construed as to limit the
power of the Governor to ill vacan-
cies occurring by death, resignation, or
removal, how will vacancies be filed
which occur otherwise But as we
before remarked when the provisions
of the code, the constitution of 1870
and the act of 1871, are all taken and
construed together, rs they must be,
according to well established canons of
construction, which are elemental in
their character, the authority of the
Governor TO fiji vacancies, however.
and whenever occurring, is indisputa-
bic.