The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-04
PRICE TWO CENTS.
M'CLELLAN'S APPOINTMENTS
ESSEX COUNTY FREEHOLDERS TAKING
AN UNEXPECTED STEP.


Judge McCarters salary Not to be Pnid
Until the board Passes Upon the Ques-
tion as to the Legality "r hts appointment.
On Wednesday Mr. Ludlow McCarter was
sworn in MS Presiding Judge OF the Court Of
Common Pleas Of Essex County. Nj. to sue
coed Judge Caleb S. Ellsworth. whose term Of
office had expired. The Finance Committee Of
the Freehoders have since directed the County
Collector not to make any payments on Judge
McCarter's salary until the question OF the
legality OF his appointment is passed upon by
tho Board. The Committee have also instructed
the counsel OF the Board to submit an opinion
on the subject at the meeting OF the Board OF
Thursday next. Mr.. McCarter was nominated
for Common Pleas Judge OF Essex County by
Gov. Mcclellan. at the recent session Of the Now
Jersey Legislature Gov. Mcclellan at the same
time nominated Common Pleas Judges for Mid.
dlesex. Monmouth. and Mercer Counties. The
Senate rejected all Of these nominations. Gov
Mcclellan took no further action until the Leg.
islature adjourned. but on April he commits
stoned as Judges to I'LL vacancies the nominees
who had been rejected by the Senate. The Re-
publcans aver that these appointments we're
not made in the manner provided hy the Con.
stitution. and that this case is similar 10 that Of
Mr.. Charles II. Bell Of New Hampshire. who
was appointed United states Senator at the ex'
piration OF Senator Wadleigh's term.
The Governors appointments are also ops
pOeed by the Republicans on the ground that II
been filled on April |. the time when tho ap-
pointments would have taken effect IN they had
been confirmed by the Senate, or whether the
Offices should not have been left vacant for one
day. at least, and then the vacancies. thereby
created, filled. 1t is understood that Attorney
General stockton decided that Ju lge McCnr-
tors commission should be dated April l. Tho
Republicans further question whether tho Gov
ernor had n right to appoint men for Judges
whose nominations had once been rejected by
the Senate.
Ths appointments were tho subject OF much
discussion in legal and political circles in
Newark Yesterday afternoon. Ex-senator job
W. Taylor. the counsel for the Freeholders. will
examine the authorities upon these questions.
and the decision ot the United States Senate in
the Bell case will he considered
Several Democratic politicians In Newark,
with whom n reporter for THE SUN conVsrsed
yesterday. said that the Republicans had ra sed
these questions merely to annoy Gov McClel-
Ian. who had outwittpd them by holding over
the rejected nominations until the Senate nd
lourned. and then commissioned the nominees.
the trouble originated with disappointed Dem
ocrRts in Newark who wanted the appointment
he received. and who had attacked him before
and since his name was sent To the Senate by
| Gov. Mcclellan. Another reason for the Opposi-
| tion 10 him. thev said was that he was friend
| OF Secretary of State Kelsey.
Mr. MrCartcr Is young man, n native ~ Sns-
sex County. y. J. He WIS the attorney for tho
| State Insurance Commissioner in the case ol
! the New Jersey Mutual Life INSURANCE Compa-
| ny. and II was mainly through his efforts that
| the old stockholders were compelled to return
| about fl00.0 600 TO the policy holders.