New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-03-03
THE MARINE COURT APPOINTMENT.

THE MARINE COURT APPOINTMENT.
Gov TuDEN's POWER TO APPOINT JAMES p. SIN
MOTT WITHOUT CONSULTING THE sEsATE-ACTs
BEARING ON THE sUBJECr.
The appointment by Gov. Tilden Of James
p snnott TO the Marine Court judgesbip, to Ill the
cancy caused by the death Of Judge spaulding, has
occasioned considerable discussion among lawyers and
in public life to the power Of the Governor TO
make such appointment without the advice and con-
sent the Senate The 10 be obscure
and many lawyers OF note have expressed want Of
with the point Of law involved In
ton with several friends OF Mr. sinnott yesterday the
following statement OF the case was obtained;
The Constitution Of 1916 made 1t the duty Of the Leg
lature TO provide for filing vacancies in Office Chapter
$50 Of the laws OF 1847 provided that three Judges OF
the Superior Court should be elected aud that II any
vacancy In Office should before the term expired IL
should be filed for the remainder Of the unexpired term
at the next general election This made provisions
for filing the flee for tho time included between the
occurrence Of the vacancy and the election Chapter
l24 Of the laws Of 1S49 increased the number OF JUS
tees from SIX aud stated that vacancies should
be filed In the provided in Chapter 255
Of the laws OF 1S47.
On Feb g. 1s40, the Legislature passed an act entitled
An act TO provide for filing vacarces in Office and
known as chapter 90 OF the laws 1S49 which provides
that whenever any vacancy exists in Office In this
State, where no provision is made for filling IT, the Gov
ernOr of the State shall appoint some suitable person,
who may eligible 10 the Office vacant or 10 become
vacant TO execute the duties thereof until the COM
Of the political year next succeeding the first
annual election after the happening of the vacancy at
which such officer could be by law elected" This did
not require that appointment should be made with
the edvice and consent of the Senate.
In 1852 the Legislature passed law entitled An act
IN relation 10 Marine Courts IN the City OF NewY0rk
and known Chapter 3S9 OF the Laws Of 1852 which
provided that Marine Court Judges should be elected
and that any vacancy occurring should be filled In the
manner prescribed by law for filing vacancies IN the
Office Of Justices OF the Superior Court In the City OF
NewYoTk. At the same time the mode OF Hing vacan-
cs az prescribed in the act of 1847 in operation,
provision Of 1S40 for temporary appointment
by tue Governor alone to cure the perform
ance OF the duties OF the ONCE until an election
could be held. Some objection raised TO this act,
which gave the Legislature authority 10 remove any
such appOntee by concurrent resolution. Accordingly
In 1859 act passed which again authorized the
Superior Court and further provided at the person
appointed should be relieved from lab lily 10 removal by
the Legislature. In 1867 this exemption from removal
extended by On act passed amending the general
vacancy ACT Oh 1913 Dy Ieehdctng III the shWe moIus
except that where the act had said, " Aud any
person appointed by the Governor (exc ut
State Prison InApectOrs) may be removed from
such Office by concurrent resolution OF both houses OF tue
pointed by the Governor by and with the advice and
consent of the senate, whether to I'LL "A vacancy or
otherwise except state Prison luspeeOr may he re-
moved by concurrent resolution 0I tne Legislature y
by the alone. 1t is further said tnat tine Con-
sutOD OF lS70in creating the superior Court cOnst-
tuiunai court but emitting AL reference to the Marine
Court, could MT possibly affect an et passed III 1892
CylrIes UCODOr has gwen an opinion IN which he
suotatns the pOsitlOn or Gov. 11lden.