The Republican. [volume] (Oakland, Md.) 1877-current, 1883-06-09
SATURDAY, JUNE 9. 1888.

article on the vacant judgeship, says:
ssThe Garrett county bar lie composed
of five lawyers who are divided be-
tween three firms and that the Gar
rett county legal business would not
occupy court more than two months
in the year." The facts of the mat
ter are different. There are ten resi-
dent members of the bar at Oakland
all of whom, we feel sure, are in the
practice of law except one, and their
average practice may be as remuner-
atiye as that of the Cumberland bar,
while we think her legal business is
greater in proportion to the popula-
ton than that of any other county in
the circuit, probably than any in the
State, and constantly increasing. We
know, of course, that such editorial
statements of the INDEPENDENT would
be only sufficient to put the few per-
sons who read them upon inquiry,
and would not be accepted without
confirmation, still the statements are
so unfair to this county, made with
so evident an intention and desire to
under rate her bar, its members and
their business, that we think it calls
for this notice, especially in view of
the fact that the paper might fall in
to the hands of some one outside of
Allegany or Garrett counties.
So far as this matter of the Judge
ship is concerned, not being either a
sutton or an attorney, we can have no
personal, and being a Republican
can have no political interest in the
appointment of judge for this cir
cult by the Governor, and still we
feel the natural interest of good cit
izen not only in the selection of
proper judicial officer for our circuit,
but that the provisions of the Consti-
tuition of the State in relation thereto
should be strictly enforced, or carried
out. We do not regard the oppoint.
occasioned by the unfortunate death
of Judge Pearre in the light either Of
a matter of State or party policy, but
as duty imposed upon the Governor
by the provisions of the Constitution
of the State-a grave and responsible
duty it is true, and one involving all
the nice discrimination, and all the
wisdom claimed by the independent,
and far more disinterestedness in its
performance, But, nevertheless, it
is such an one as that from the due
performance Of which the Governor
of the State cannot escape, save by
manifest contempt for the impera-
tive commands of the Constitution of
the State. or reckless disregard for
the rights and interests of the people
of this judicial circuit under them.
We imagine that Governor Hamil.
ton is far too good lawyer, if the In
dependent is not, not to see at once the
grave constitutional question which
may and certainly would arise as to
the proper constitution of the Cir.
cult Court for this circuit in case he
fails or refuses to fill by appointment
the existing vacancy, and far too
great statesman not to appreciate
the trouble which would arise from
it. When the Constitution says there
"shall be Chief Judge and tlCo AS
sociate Judges" does it mean that
there may be in the Governors dis
erection Chief Judge and one Asso-
ciate? Is there any Circuit Court at
all in this circuit unless such an one
as the constitution provides for {?
Therefore the Governor will fill the
vacancy especially as the Constitution
says he "shdW do so.
OF course none eyer expected the
editor of the Independent to disasso-
ciate, even the grave and solemn duty
of appointing Judge to fill the va
cancy on the bench occasioned by the
recent and most unfortunate death
of one of the profoundest lawyers and
ablest Judges who ever sat upon the
bench of Maryland. from jobbery and
take grinding" but so far as we are
concerned we have no take to grind"
in this matte, as the Independent may
have. We are not lawyer, and do
not aspire to be Judge. We are
Republican, and could not have the
appointment, and while admitting,
without hesitation, that all the Vir-
tues and noble qualities enumerated
by the Independent should adorn the
one who presumes to sit in the seat
left vacant by Judge Pearre, we are
very far from conceeding that the
people of Allegany county are in any
respect better fitted to judge of these
questions than our people, nor that