South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-05-21

The unfortunate and sad occurrence
OF the death ofJudge PAUL involves the
Governor and the Legislature in very
Their or not the latter body will not have
TO make special provision for an election
TO ill the vacancy thus occasioned?-
According to the Constitution, art g,
section ~ it is provided: If a vacancy
shall occur in the Supreme Court OF APP
peals, from any cause, 1.-THE Governor
shall issue writ OF election TO fill such
vacancy for the residue of the term !:
provided that if the unexpired term be
less than two years, the Governor shall
appoint Judge TO ELL such vacancy.
Again it is provided in the amend
ments to the general election law, Chap
ter III, December 30th, 1873. section
49, that "all vacancies shall be filed at
the general election nert ensuing after q
vacancy shall occur"
From this it appears that since the
term of Judge PAUL does not expire un-
til January 1st. 1881, (more than FIVE
years from now the Governor has no
authority 20 Gil the vacancy b. appoint
ment.
And further it appears that since "all
vacancies must be filed ut the general
election next ensuing after vacancy
shall occur" and since such election
does not take place until October, 1876,
this present vacancy cannot be filed for
nearly year aud half from the pres
ont time.
Now, il requires al four OF the Judges
TO assent TO decision to make it pre-
cedent, and it requires that three shall
1T any time, constitute q quorum. So
If there is not judge elected to fill this
vacancy, there can be no legal precel lent
established 10y the court, and if one
of the remaining judges should be com
PEELED by i'll health Tor any other cause)
from appearing on the bench, there can
be no quorum present, and consequent
~ no court.
Hence, it is plain that very ombarrass,
ing circum stances may arise, and, I'M
less special provision is made to meet
the case, there may not only be no de-
cision rendered for about seventoen
months by which presidents may be es-
tlblishe9, but even it may happen that
no term Of the court can be held, an /
hinderance Of legal business must nee
essarily follow. This is que ston
which is OF interest to the public, and
which commend1 itself to the careful
consideration of the Legislature which
assemblies in this city on the tenth OF
Noycmber.-j Wheeling Register.
\ subsequent issue Of the Register
says it was incorrect in stating that it
required nil four Judges ofthe Supreme
Court Of Appeals ID assent uuanjm GUS
IL, in q decision, in order to establish q
legal precedent. II appears that ma,
jorty OF the Court, or three Of the Judges
are sufficient Tor this purpose. But the
remainder Of the article Is correct, viz
/ hat under the existing law there can
be no election to Sill the vacancy until
the next general election in October
1876; tat which time two other Judges
are to DO chosen that should any one
Of tie present judges, meanwhile, be
! incapacjtatcd from appearing o. tie
Bench, there can be no Court. and that
! this condition must continue unless the
Legislature next Fall shall amend the
law so rs u allow the vacancy to be fill
Cd at an earlier datc.-Spi IL Of JeT.
TIE MINNG TRoUBLEs-Wo DIRK BIZ
no GRADUALLY REsUMED.-A Wilkes
barre Pennsylvania, writer under date
Of the 18th inst, says the Indications al
the Empire mines, near the city, tho
largest and most important Of the col
lierics owned by the Lehigh and Wilkes
barre coal company in this section, e.
/ vOr tho impression that work will be re
sumcd there before many days, most
/ likely il the course the coming week
/ Mr. Parrish has given orders TO set the
/ fans running tomorrow, and IS there
would he no object in clearing the mines
/ Of foul air, unless the miners had abou,
/ concluded to resume labor, the action oil
/ NJ. Parrish is deemed significant oil
/ some important movement on the part
OF the company and its employees 1t is
/ believed, in fact confidently asserted
! that the men have consented 20 return
/ to their chambers under n protest, as
/ the Hyde Park men are working, and
will wait until 4 more convenient time
+ 20 renew their struggle with the comb
nation of coal operators. The peace
T can hardly be considered permanent
unless the company makes some conces
I sion, but the fact that work is 20 be soor
resumed gives thrill Of satisfaction Il
all classes Of this business paralyzet
community.
I-yC L. Rouss, n somewhat noted
jobbcr Of dry goods, in New York city
has made an assignment pending inves
tigation into the charge ofcollusion witt
a party who obtained a large amount oil
goods on Rouss's recommendation and
afterwards failed. This party says
Rouss shared tho plumber with him.
Baltimore Sun, Nuy Il.
Arthur +. Gault. nineteen year.
Of age, a clerk in the Lynchburg Va
National Bank has sbscouded with
ten thousand dollars belonging u the
brink II js thought that he ia travel
ing unlor tho assumed name Of IT, T.