The Republican. [volume] (Oakland, Md.) 1877-current, 1880-03-27
The State Judiciary.

The question has been raised whe-
Their there is causus ommissus in
the constitution to warrant the pas
sage of the pending bill providing
for the election of judges in place of
those whose terms will expire in
1882. On the one hand it is conten
ded that there is no omission in the
constitution, but that, on the CONTRA
ry, it provides for appointment of
judges for two years until the sue
ceeding general election. The present
judges were elected in November,
1867. They hold their offices under
section of article 4 of the constitu-
ton, for the term of fifteen years
from the time of their election, and
until their respective successors are
elected and qualified. or until they
shall respectively attain the age of
seventy years. whichever may first
happen. 1t is plain, then, that under
thlo pIOFiolOu TIC 0OfCLIOf Cdil
never appoint a successor to a judge
whose term has expired, because by
the very terms of the section refer
red to the judges whose terms have
expired hold over until their success
sor are elected and qualified. What
is meant. then, by the fifth section of
the same article, which provides that
upon the expiration of the term of a
judge elected in 1867 the Governor
shall appoint a person qualified to
fill the Office, who shall hold the same
until the next general election for
members of the General Assembly,
when his successor shall be elected I:
1t is considered to be clearly neces-
sary to construe these two provisions
so that they shall both be operative.
If this is so, is it not clear, therefore,
that the power of the Governor to APP
point upon the expiration of term
refers only to those cases in which
the term of the judge has ended be-
cause of his attaining the age of
seventy years within the fifteen years
of his term, or by his death, resig-
nation, removal or disqualification
within such term
The case of the election of Judge
to succeed one whose term has actu-
ally expired is not provided for in
the constitution, and it is certainly
in the power of the General Assem-
bly, to prove methods for maintain
ing the due succession of judges
which The constitution contemplates.
1t would be a grave error to omit
this precaution unless the General
Assembly desires to prepare the way
for a conflict between claimants to
judicial offices.
While one constitutional amend
ment IN regard to the judiciary has
been laid in the tomb another is in
prospective. The Senate has indefi-
nitely postponed the bill to make the
Court of Appeals migratory. Senator
Brattan is preparing another Amend
ment to return to the constitutional
provision of 1851. giving one Judge
for each circuit except Baltimore city
where the courts will be the same,
and providing for six Court of APP
ealsjudges, Invested of circuit duty,
five of the members of the court to
be taken from the counties and one
from Baltimore city, the Governor
by and with the advice and consent
of the Senate, to designate the chief
judge. The bill will necessitate
change of the circuits. 1t is believed
that there is strong desire to SIM
pl;fy the judiciary system of the
State, but as there are six or seven
other constitutional amendments
pending, and the time of the Leg
islature, is so short now. it is very
doubtful if there will be any tinker
ing of the Observation-Disclosures
Sun.