The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1880-11-25
The District JudreshIp.

The question having been raised before
Judge Robertson, on Monday. a. 10 his
qualifications to sit longer as district
ernOr, Judge Robertson and the members
of the Austin bar that the fact a. TO
Judge Turner having vacated the Office
Of district judge should be inquired into
The district court then adjourned until
yesterday morning, without transacting
any business, 50 that the status Of Judge
Robertson might be aScertained. The
Attorney General at va hin ton was tele-
graphed toinquire whether Judge Turner
had qualified az United States district
judge for the Western district Of Texas,
and the response came back on Monday
held at the court house yesterday morn
ing to consult as to the proper cause 10 be
pursued in view Of the surrounding COM
plicatiOns. Under the law Judge Walker
cannot qualify until December Il, that
being the day fixed for eanyassing the
returns. Col. Robertson having been cleo
ted by the bar to sit as special judge during
the absence of Judge Turner. and Judge
Turner having vacated the Office by accept
ing the appointment as United states dis
trict judge and qualifying as such, the ten
ure OiCo Robertson thereby ceased. The
law provides that where vacancy shall
exist in the Office of district dye, the
Governor shall appoint some suit lie per-
son as district judge and that such ap-
pointee shall hold the Office until he
"neXt general election" At the
bar meeting yesterday Judge Sneed
was called to preside, and Mr.. Hall
mann was elected secretary, whereup-
on Major Stewart offered a resolution to
the purpOrt that il was the desir- cf the
Austin bar that Governor Roberts ap-
point a special judge to fill the office for
the unexpired term OF the district court
or to sit until Judge Walker should quail
fy. This resolution provoked general dis
cussion among the lawyers, many hold
ing that If such special judge should be
appointed, he would hold the Office until
the next general election in 1SS2-that
the word election" meant the day on
which the people voted under the law
others holding that il meant all the ma
chinery with reference to the subject. in-
Guiding the election proclamation, APP
pOintment OF judges OF election, the can
wasting the returns, and the issuance of
certificates of election, etc, and this last
was the view of Governor Roberts. The
subject was fully discussed and the reso-
luton voted down, but committee con-
sisting of Judge Sneed, Taylor Moore,
Major Stewart and Mr.. jackson, was ap-
pointed to wait upon the Governor and
report the action of the bar and state to
the Governor that while they voted down
the resolution they thought it advisable
an appointment should be made. The
committee waited upon the Cover
nor, and he concluded to make
the appointment, and Col. Robertson
was yesterday commissioned. To avoid
further complications IN the future, it is
understood that Judge Robertson will re-
sign day or two before the day up
on which Judge Walker can qualify.
There existed an imperative necessity
that there should be some person 10 act as
district judge during the balance of the
term, as there were ten men convicted of
felon.es ut the present term unsentenced
aud much other business requiring the
attention of the court. The next legis-
lature will doubtless provide against such
an occurrence again in the state.