Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1879-07-11
TIE TELLER.



second term as Judge We have also
given the fact Of he appo nfment OF
Norman Buck as associate justice FIR
Idaho, when the bench vas fall. Th.s
sppointmen. was supposed TO cause a /
removal of Jrj ge Ctrk OF judge Prick
EFT, and it was supposed that Clark was
the one to be supplanted. We have al /
80 given the dispatch from delegate .
Ainslie announcing that B1ck had beer !
rejected BY the senate, and that iir /
thought that Ca.k was all riaht (
Ainslie's dispatch was the 10 h Of June
Now we fihd in the Oreq0njdn Of the /
lst inst. among the dispatches Of the
associated press OF Washington. dated /,
t1e Goth jane the following
The senate's rejection Of Norman
Bucks nomination az judge q the su
preme court Of Idaho 10 day WIS effect.
ed by nearly . strict ar'y vote. DAVIS
OF Iilipos. and VOORHEES, voting with
the republicans for its confirmation.
The main objection urged was that he had
been at one time insane. Ills rejection
leaves Judge Clark former place va.
cant, but there are iutlmations that
Buck viii probai ~ be appointed al
interim early du,iug the recess Of con
gress.
If this late dispatch is to b. taken
as true, Jndg Clark is no longer judge
but the place is vacant. The above
would DOT be the effect of Bucks rejsc.
ton BY the senate, if Clark's comm,
sion had issued as we have heretofore
understood it, Neither does Judge
Clark him eli so understand the matter
even wi,hou; commission, aud b nee
in view Of the law as he understands il
he has determined to hold the July
term OF ecu I for Idaho county, in the
face Of this dispatch, and his interprc-
tati-n Of the Inv may be correct. We
give tho law Ms founi ia the revised
statutes of the United States given By
tho Add congress. Sections lT67 and
176S read as t llows
.'Seciion 1867. Every person hold
ing any civil office Is which Q ha>
been, or hereafter may be appointed
aud with the advice aud consent Of III
senate, and who shall have become duly
qualified to act therein, shall be ontl
tied to hold such ofli 20 during the tern
for which he was appointed, unle@
sooner removed by and with the advlc
and consent Of the senate. or by the ap
pointncnt, with the like advice AM
consent, Of successor in his place, TX
cept as hercla otherwise provided"
sSecion l76S. During any recess
Of tho senate, the President is autho,
lied in his discretion to suspend an
civil officer appointed by and with tn
uuS1tt VHu trtlNtut VI VIC Nthbff. -
cent Judges 81 the courts If the Unite
States, until the end Of tho next sessin
OF the senate, and t, designate SON
suitable pers)a subject to be remove
IN his discretion, by the designation
another TO perform the duties of sue
suspended officer in tho meantime, IN
the person so designated shall take Il
oath and give the bond required BY Ia
to be taken and given by the suspenat
officer, an / shall, during the time !
performs tho duties of such officer,
entitled to the salary md cmolunen
Of the office. no part Of which shall b
long to the officer suspended. II
Prcsi lent shall, within thir Y days aft
the commencement of each session
tho senate. except for any otite wh,c
in his opinion. ought not to be lille
nominate persons to il all vaeanci,s
Office which existed at the meeting
the senate, whether temporarily fill
or not, and also in tie place of all d
GERS suspended; and It the mate du
ing scch session shall refuse TO advi
aud consent 10 an appointment in t
place OF any suspended officer, then a
not otherwise. the President shall ne
mate another person as soon as prar
cable to the same session Of the sc
ate for the office.
The above is the law OF the c'se fro
which the inference may be derived
laiive TO the position Of Judge Clar
Thore.is one thing We 30 not eompr
bend in the above dispatch of the 30
Of Jnne, ,owit: The dispatch max