Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1878-02-21
THE NOMINATION AND ELECTION OF
SUPREME JUDGES.

There seems to be considerable eonfu-
sion Of ideas in the popular mind and
even among the members Of tbs bar as
TO the meaning aud effect of the provi-
sious Of the law prescribing the mode Of
votiug for Supreme judges. The cleares
exposition of the subject we have seen
appears in the Knoxville Tribune Of the
18Th, which we copy and commend TO all
who are interested;
The constitution proyides,in effect, that
the qualified voters Of the whole State
shall elect five Judges for the Wholesale,
who shall constitute the Supreme Court,
and one Of whom, to be chosen BY the
members of the court, shall preside as
chief Justice, and not more than two OF
whom shall reside in any one grand
division of the State. The act Of
the legislature was designed merely
TO provide a method by which
uniformity throughout the State might
be secured in giving effect 10 the
proyiso of the constitution in regard to
The places of residence of the several
persons voted for. The fact that one
name on the ticket is to be designated for
the Eastern" one for the Middle and
one for the Western" division, does not
imply, by any means, that the names so
designated are to be voted for only in the
respective divisions for which they are
designated, any more than it implies that
the two name to be designated for the
State at large" are the only two to be
voted for through the State. The judges
are of equal rank and dignity and each
one is & Judge TOR the Wholc State, and
must be so elected. 1t might follow, for
example, that of two persons, A and
B, voted for under the designation
Eastern Division, A might receive q
large majority {. the votes in East Ten
nessee, aud yet b be elected judge from
the Eastern division. by reason Of supe,
rior majorities in Middle and West Ten
nessee. So 10 case Of either Of the other
two divisions. Instead of speaking of
the persons voted for under the "divis-
ion" designation, ss judges for the divis-
ions, it would be better to say judges from
the divisions. The point Of the whole
matter is, that 1t is not the purpose OF
the law, 10 auy sense, to restrict the act
ion Of the people, as q State, in the selec-
ton Of the entire corps of judges; but
each judge is to be a representative OF
the whole State, and all are to be elected
by the people OF the whole State, just as
il there we're no recognized graud divis.
ion, the fact of divisions being
looked to only with q view
TO the constitutional provisions as
to the residences Of the judges.
A proper understanding of these facts,
it seems to us, will obyiate any confusion
in the State convention when it comes to
make its nominations. Ii will act, we
presume, upon the same principle in Sc
lectiDg its ticket, that will govern the
people at the ballot-box. 1t is not TO be
understood that the delegates from any
one division, exclusively, are to select the
candidates to be designated for that di.
vision. The delegates from East and
Middle Tennessee will take part in the
nomination Of the candidate for, or from,
West Tennessee; East and West Tennes
see will participate IN the choice Of a car.
didate for, or from, Middle Tennessee;
and the Middle aud the West will join
in the designation Of a candidate for, or
f'sm, East Tennessee-just as all ibies
Of the divisions will join 10 the nomina.
ton OF the two candidates to be desig
mated for the State at large" There.
fore, the suggestion we made a week ago
recurs with renewed force, aud that ig
this: Let the convention proceed to make
up o ticket Of FIVE candidates, having
reference in its construction to the con.
stitution; and, then, let the designations
be made as provided by the law, so that
the ticket may be uniformly printed and
voted for throughout the State. This
plan will be fair to all sections aud unjust
to no candidate. 1t can make no posi-.
BILE diferenceI to the prospective judges
how they may be designated on the tick
ct, since, when elected, they will be Of
equal rank aud dignity.