The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-04-01

The Governor and the Marine Court.
In another column will be found tho unan-
imous opinion of the five Judges of the Ma
rine Court, by which they refuse to assign
Mr. Sinnott to place on their Bench, on.
the ground that his appointment by the
Governor. without the advice and consent Of
the Senate, is not q compliance with tho
law of the State for the appointment OF
judges in that court. and would not justify
them in taking any action which must as
sumo that that gentleman is properly
appointed Judge. This was the only course
open to the Judges in the honest discharge
of their duty. This appointment is q trans.
parent piece of political trickery. 1t was
provided by law of 1852 that vacancies in
the Marine Court should be filed in the
same way as in the Superior Court and thu
constitution provides for these. But tina
Governor refused to act under the constitu-
ton. He REQUIRED to the statute which pro-
vided for filling of vacancies in the Su-
perior Court at that time-the statute Of
1S47--which reads thus
At tho general election next preceding the time a
which the term OF Office OF any such justice or Judge
vacancy; and II . vacancy shall occur at any time 10
the Office OF any such justice or judge before hts term
shall have expired, By death, resignation, removal or
otherwise, then such vacancy shall be hlled for the
residue Of the unexpred the next general eec
ton after the vacancy shall occur.
There is the law as plain as words can
make it. Vacancies like the present "shall
be filled at the next general election after the
vacancy shall occur" even if that old statute
is taken instead of the constitution. Here,
therefore, the Governor puts down the law,
winks his eye and begins to chop logic.
Here. he says, we have ''three classes Of
vacancies" Any honest man can see that
there are only two-one caused by expira-
ton of term and one caused by death or
other cause before the expiration of the
term. But the filling of these is provided
sort the several parts of his game to cheat the
law will not connect. In his statement OF
this point, which is the corner stone of his
position, let us give his own words. He says,
as to the section of law just quoted =
There are thrco classes OF vacancies: FIRST, those
made by the expiration OF the term In which
vacancy created by death. resignation, removal or
other cause before tho term has expired In which
general election for the residue Of the unexpred term
aud third vacancy previously unknown to the
stltution and laws resulting from tho adoption Of tho
election system-hat Is, the vacancy for fractional
portion OF tho unexprcd term between the happening
Of the event creating tho vacancy and the commence
mcnt OF the political year next succeeding the first
nunl election thereafter.
Was there ever more gratuitous piece Of
haggling with the plain meaning of law
than this distinction of third species OF
vacancy from the two vacancies contemplated
by the statute? The second is "a vacancy
created by death or other cause before the
term has expired" and is ito be filled by
election" the third is vacancy for period
of time between the death which creates the
vacancy and the election at which the vacan.
cies of the second species are to be filed.
Having thus, as he assumes, found
vacancy for filling which the statute
of 1847 does not provide, he Immediately ap-
plies to the case the statute of 1S49 for fll.
ing vacancies not otherwise provided for,
and that gives him the power Of appoint
ment
It need scarcely be said that this species
of vacancy" to which the Govesnor wrests
the statute of 1849 exists only In his imagina-
ton, and the fact that the law of 1847 did
not provide for filing any third species Of
vacancy is the strongest evidence against the
Governors position. Such method of in
depreciation is to take the implications of
law against its evident intention and give the
greater authority to tho implication, which
is not only bad law but dishonest admins
tration. 1t is pleasant surprise to find the
constitution and the law effectually defended
by resistance in q minor court of this city
when trampled upon in the Executive
chamber.