Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1882-02-11
Aaneaster fnteIliqemcer>
SATURDAY EVENING, FEB. II, 1882.
A judicial Complication.

A judicial Complication.
The governor seems to have made a
mistake in undertaking to fill the Office
of associate law judge for the Dauphin
and Lebanon district, that Office appar
emily being full and the real vacancy be-
ing in the place Of president Judge. The
10th section of the schedule to the con-
stitution-as is pointed out by Press
correspondent-only promotes to the
place of president judge the Oldest judge
in commission in the same court
when the retiring president judge
was in commission at the adop-
tion of the constitution. So when
Judge Pearson went off the bench on
which he sat when the constitution was
adopted, his associate, Judge Henderson,
became president judge of the district.
But when Judge Henderson resigned
rather than subject his family to a dis
agreeable and malarious residence in
Harrisburg, the associate judge does not
seem to have been promoted to his place,
since Judge Henderson was not one of
the president judges at the adoption of
the constitution. Consequently Mr..
McPherson's appointment as associate
law judge is void and the governor needs
to start afresh.
There is some embarrassment in his
way. Probably he wants Simonton to
be president judge. He can appoint him
If Simonton resigns his associate Judge
ship. But if he does this ne must take
his chance of denomination and election
next year, rs the governors commission
expires on the first Monday of next Jan
uary SmontOn will think twice be-
fore he does anything 50 rash. lie
does not want any further negotia-
ton with the Lebanon Republicans
who gave him 50 much trouble last fall.
If he should resign his office both of the
judgeships would be open to be filled at
the next election and Lebanon would
have to be given one of the nominations.
The governor had very hard cheek i'll
deed when he appointed 4 second Dau-
phin man to the bench just after the
great row that Lebanon Republicans
made over their perpetual exclusion
from the bench. Probably there would
he great deal of music next
fall when this second dose came
up for deglutition in the Lebanon
convention. 1t is I.ebanon's jealous
watchfulnesS that has caught the gov
ernor violating the law in his appoint
ment, and it is Lebanon's howl which
rises up to make him afraid.
1t will not do at all to have any doubt
existing us to the right of the Dauphin
judges to fill the places they occupy. |!
Simonton acts Us president judge ans! is
not, and McPherson rs associate law
Judge while he is not, then necessarily
their acts are invalid; and it is
of the highest Importance that the
question raised as to their titles be
promptly settled. Lately the proceed
ings of in Illinois court carried on
through several years have been declared
to be void by reason of the uncOnstitu-
llOnd!ltf VI Cic CIlDuIial. we WitHl W
take no such risks with the acts of the
Dauphin court. As the law seems to
read, Judge S;imonton does moi take
Judge HendersOn's place, ana Judge
Mcpherson is not a judge. 1t is apity
that Judge Hendcrson's family could
not persuade themselves to endure Har-
risburg, since this complication has
arisen. OF course we fully sympathize
with their feelings of horror vt the
thought of a prolonged residence in the
town. 1t is more than mortal spirit
should he called to endure unless in pun
ishment.