The Morristown gazette. [volume] (Morristown, Tenn.) 1867-1920, 1878-02-27
THE ELECTION FoR SUPRENE
Knox lille Tribune


many elections to be held by .ht
people of Tennessee. this year. i,
that for Judges Of tive SnprerE
Court. We some time ago called
attention to the fact that. while ta'
schedule TO our new Constitution
provided that the Supreme Court
should at frst coAsist ofsix Jrlges,
aud that six were CHOSEN at the firs
election, The csurs was perma- eAtly
reduced to five judges by the death
of Judge NichelsoA. the same hasilg
occurred after the first day Of jan
aary. 1873. The schedule, ON this
point, provided that sin the event
any vacancy shall occur in the Office
Of either Of said Judges at any timc
after the first day Of January. 1873,
it shall remain untitled. and The
court shall from that tins be consti-
tuted ef five judges" Some per
sons. With apparent seriousness, hay
advanced the no!ioa that Judge
Nicholson's death left permauen t
vacancy in the representation Of
Middle Tennessee upon the Bench,
and that the court must hencefocth.
or until the Constitution IS amended,
be composed OF two Judges from
East Tennessee, two from West. aud
one from the Middle division. As
legal proposition ve think such
theory simply absurd. The cons1f-
tutienal intent thls the permanent
vacancy should apply 10 The badly
of the court. and not to the Grand
Division in viii ch ii might chauce to
occur, is too plain, it seems to us,
to admit of serious argument.
The permanent constitutional pco-
vision establishing the Supreme
Court provides that "it shall coa-
sist Of FIVE Judges, Of whom not
more than two shall reside in any
one of the grand divisions Of til Q
State and also that "the Legisla-
ture shall have power to prescribe
such rules az may be necessary TO
carry out the proyisions' of the
section creating the court. la the
exercise of this power the Legisla-
ture of 1869-7O proceeded to pass
an act prescribing the mode Of hold
ing the election and the manner OF
voting for Supreme Judges. Inas-
much as the coming August election
will be the first one held for fire
Judges, it will be we'll for the peo.
pie to give some attention TO The
provisions OF the laT referred 10.
since they are some what peculiar
and will require technical comPlr-
ance to give effect to the intention
of the voter. We therefore quote
from Chapter %, Acts Of 1869-7o,
! second session, the section applica-
bic to the subject in hand:
Sec. 3. Be it further enae ted, that on
the first Thursday in August, eighteen
hundred and seyenty-eight, and forever
| thereafter every eight years, there shalt
be elected in this State, by the qualified
1 voters, five Judges of the Supreme Court
of Tennessee, and Judges OF such Circuit
and Chancery and other courts as arc or
may be established by law; and an AttoT-
ney for the State fer each county or dis,
trict for which aJudge, having criminal
Jurisdiction shall be provided by law.
And in voting for said Supreme Judges,
every voter shall prefix TO the name OF
three Of them, of the candidates, the
words " Eastern, : w esteFn, or
g Middle" Division TO denote the Grand
Division of the State for which he de
sires each of the three candidates elected.
Each candidate shall reside in 1.-THE
Grand DiYisionl the State for which he
is elected; and the voter shall also prefix
to the name of each of the other tHo
candidateson his ballot the words: 1.-The
State at large" to denote that they are
to be elected for the entire State-sald
two candidates shall not reside IN the
same Grand Division of the State, and
the candidate receiving the highest mum
Der of votes for any one Grand Division
of the State and the two candidates re
ceiving the highest number OF votes for
the Estate at large shall be declared
to be the five Judges Of the Supreme
Court of the State of Tennessee.
Thus, it will appear that while
each voter will be en- tiled TO vote
for five candidates, each one OF the
candidates must be designated as
the candidate for Grand Division
OF the State. and two ofthein must.
in like rnahnsr, be designated as can.
didates for the Estate at large.
Unless these prescribed details are
strictly complied with. the ballot
can not be counted. err
It will be seen at a glance or up
on a moment' reflection, that wit b.
out some preliminary coGcert-among
the people, the balloting next Au-
gust would necessarily result ia a
most confused and ridiculous batch
OF returns. These provisions of the
Law render it necessary that Demo-
cratic State Convention be held in
order that full Supreme Judicial
ticket be nominated, aud so arrang,
sd as TO avoid any complication un-