Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1881-04-16
THE U. 8. SUPREME COURT.

n StutehAAent tDot mere H MOI ~
Quorum for the Transaction OF
Business.
disappointment has been expressed here
that q decision in the Richmond-Eureka
Con. case was not rendered last Monday.
The San Francisco Examiner asserts that
the Court is without q quorum for the
transaction Of business. II the Examiner
is correct, the delay in giving out an
opinion in our mining case may be ex-
planned on that basis. Says that journal
Of the 18th instant
The country is practically without q Su-
preme Court, and whilst there is in arrears
ar immense amount Of business, which is
increasing every day. 1t is without quo
run just now, owing to the failure Of the
Senate to confirm or reject the nomination
Of Stanley Matthews. Malone and Rid
dleberger are in the way, and their calling
and election must be made sure before the
judicial situation is considered. As mat
ters stand the absence of a single member
prevents the transaction Of any business,
as there are only exactly enough members
on active duty to constitute a quorum.
Very recently the indisposition of Justice
Bradley compelled an adjournment, and
the Court is unable to meet pending his
recovery. Judge Clifford has been off the
bench for some time, and his age and in
firmities make it certain that he will not
return. Judge Hunt has performed no
official duties for three years, and is under
stood to be permanently disabled. Not
having the wherewith to live on apart from
his official salary, he stands in the way Of
an appointment OF a man able to perform
the duties of the position. Having been
appointed in 1872 he has not yet served the
term Of ten years which would entitle him,
being seventy years of age, to retain the
salary il he were to retire. But there is
one actual vacancy, which. if filed, would
enable the Court to proceed with its bust
ness. There has been no difficulty in the
way Of its being promptly filed since it
first occurred, except that Hayes insisted
upon rewarding his relative, Stanley Mat
thews, for services rendered during the
fraudulent count business; and being an
Ohio man, Garfield has been weak enough
to renominate him, Notwithstanding the
protests OF the press of the country and
the disinclination Of the Senate to confirm
the nomination. II the Senate does not
like Mr.. Matthews, it should say 80, and
give President Garfield an opportunity to
send in another and less Objectionable
name, to the end that a quorum Of active
members of the Supreme Bench may be
completed and that the legal business OF
the country may be proceeded with. But
just here comes in that terrible Malone, to
whom everything must bend. The rights
OF itlgants are as nothing compared with
the ofice-hunger of Gorham aud Riddle
berger. Meanwhile the country is sad
died with the great expense of an incom-
plete Supreme Court, which, however, is
incapacitated for the discharge of its du-
ties because Of the failure to fill q vacancy.
This is an unfortunate condition Of affairs,
for which the Republican side OF the Sem
ate is wholly to blame. The Democrats
have moved almost every day to go into
executive session and deal with appoint
ments, but the Republicans have steadily
voted the other way, and have been able to
successfully maintain their obstructive
policy by the aid Of Malone, assisted by
the Vice Presidents casting vote. The
Malone purchase is costing the country
dearly in more ways than one.