New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-18
Communicated.
The Manner Of Appointing Judges.
nTTop REprrpT ", AZ.

The Manner OF Appointing Judges.
EDITOR REPUBLICAN:
Many surmises, suggestions and proposi-
tionS are made relative to the legality of
the Nichols Supreme Court, and none seem
tenable, 80 far. From legal standpoint.
and from the action of the Nichols Senate,
there can be no question as to the legality
Of the Supreme Court appointed by Gov
efnOr Kellogg, The point make is found
ed upon law, and will convince those whose
prejudices will admit them to accept fair,
common sense view of the matter. It is
this: There can be no question as to the
right of Governor Kellogg to appoint
Justice Ludeling and others to the
Supreme bench, nor the validity of
his cemmissi0ns in this case, which
can not be disputed, bat it is con-
tended that if the appointment of Gov
ernsr Kellogg was legal, the confirmation
of Justice Ludeling and others OF the Su
preme Court was not by the legal Senate
confirmed, hence their appointments ex-
pired when he Governor Kelloggl went out
of office. Now, sir, if the Nichols Senate
was the legal one, which l might admit for
argument sake, Mr.. Nicholls' appointments
of Supreme judges are illegal for the rea-
son that if his Senate was the legal
one, il wss the duty of thas Senate
to have rejected or confirmed the
appointments made by Governor Kellogg.
1t was the duty OF the Nichols Senate, il a
legal one, to have demanded OF Governor
Kellogg to send before it the names of JUS
tlee Ludeling, Leonard and King for reiec.
tiOn or confirmation, as the constitution re-
quiTes. Had such a demand been made
special to these appointments and Governor
Kellogg had refused, then the President of
that Senate could have placed these names
before that Senate and the appointments of
Governor kellogg must De rejscted
before ar. Nichols could appoint,
taking for granted that he could legally
and by action of the Nichols Senate iJ ig.
nored the legal appointments made By
Governor Kellogg, which it is not justified
under the law TO do. The appointments
made by Governor Kellogg of the Supreme
judges were made before Mr.. Nichols was
inaugurated, and they were confirmed be-
fore Mr.. Nichols' Senate had quorum. If,
as many of our Democratic lawyers contend,
that all appointments made by Governor
Kellogg were transferred to the Nichols
Senate, why did not this Senate confirm
or reject the appointments go madel
Governor Kellogg was recognized by the
Niehols Senate, because it informed
him that the Senate was ready to receive
any communication from him. He would
not recognize that body, and so deel ared.
In this the Nichols Senate admitted and
the right of Governor Kellogg
to eend up the names of persons TO be ap-
pointed by him. II that hody believed he
was the only enc to send these names,
how could other appointments TO the Su-
preme bench be made before it acted on
those he had appOinted-by rejection or
confirmation Again, if the Nichols Sen.
ate, being the legal one, does not act, Gov
ernor Kellogg's appointments of Supreme
judges hold over until the adjournment of
fha Sanafa Mr NtohNIta aond
in other names for those positions in the
mean time.
1t lie evident under the law that the ap-
pointments OF Supreme judges made bv
blr. Nichols are Illegal. will continue
this subject again, LEGlS