Savannah morning news. [volume] (Savannah) 1868-1887, 1884-01-31
rHEU.s. COURT CLERKsHIP.


Tho Cou,,Iications that Would be Likely
TO Follow the Passage of the Blount
Bill.
In view OF the early passage Of hr.
/ BIount's biz through the Senate, ana the
fact that II repeaIs laws now in force IN
resDect 10 the appointment Of United
states Court Clerks in this district, and
provides for the consolidation Of the clerk
sbins Of the Two courts, and the ap-
p9tutment Of one Clerk at Macon and
another at Savannah, each OF whom
If is proposed shall be the Clerk
Of the Circuit and District Courts, several
leading members Of the Savannah bar and
the United states District Attorney are
Of the opinion that the second section O
the bill. If it shall become a law. VIII
Immediately abolish the present o1nces'
and that the terms OF office OF the presehl
incumbents would al once cease.
Under the terms Of the Blount blI t1e
aurojDrment Of the District Court CleEA
il taken away from the District judge
and the Clerks Of the courts under tle
nov law viii have To be- appointed Win
tte concurrence Of the Circuit ana DIS
+-fe+ Judges. OF. in case q their disagree-
mont hv the supreme Court Juslce OF
the Fifth Judicial Circuit.
Although the resignation Of Judge Its
Limo f,a- rot been formally accepted. the
News reporter was informed yesterday
rbqr considerable doubt 5 entertained as
to whether. under the law. the ONCE oil
judge for this district IS not nov va
cant. Tne question was suggested yes
tarlay when the case Of the United states
against Wright 1st Mclean. 500 was
cited Ia this case Wright was suel a.
surety on Collectors bond lot dellh-
quency committed by the CollectoI r alteI
be had sent his resignation 70 tne res
dent. but before it was accepted. Mt.
Justice Mclean held that the resignation
was complete when received.
In the case OF Edwards against the
United States Is otto. Al +. the authority
mainly relied on bv those who are inclined
to the belief that Judge Ersklne VIII con-
tinue 10 be Jud1e until his resignation IS
accepted or q successor appointed, orlgi-
mated out Of a mandamus proceeding
under the laws Of Michigan, and Justice
Bradley. in delivering the opinion OF the
court. bases his opinion on the fact that
he was applying the laws OF Michl-
yan to that case. and that 1.-THE com
mon law rule is in force IN Mlchi-
gan" and expressly avoids oVerrullng
the decision Of j ustice Mclean IN the Iol-
low lll- lAli- ll-l-E NAAA'~E-tiA-- ~----N - 49,
tice McLean's decision may have been
correct in the particular case before him,
the question is. what is the law OF MlchI-
gans'
In view Of these authorities tits claimed
that il is doubtful whether Judge ErsHne
has the right. or would under the clrcum-
stances Join In making the appointment
Of a Clerk at TINS time, or that II he would
whether he and the Circuit Judge would
gree upon the same man. In the event
OF a disagreement the appointment would
necessarily be submitted TO the supreme
| Court Justice.
It is generally thought that the Presi-
dent VIII not make an appointment OF
Judge for this District for some time,
| hence if Mr. BlOuut's bin should become
| law during the present condition
| Of matters relating To the Judgeshlp,
| then an interregnum would follow IN the
/ Offices Of the Clerks OF the Circuit ana
| District Courts that might continue FOR
! two or three months, and consequently
render void all the official acts OF the pre-
sent Clerks after the passage OF the bill,
| and paralvZe all business in the United
States Courts for this district. II 1t were
proposed to libel vessel no attachment
could issue. and the ship would be at
| liberty to clear and sail, no matter WhaI
the demands against her might be. 1here
would be no Judge and no Clerk TO issue
the attachment. hence no Marshal or other
officer would undertake to make the
seizure.