Oxford eagle., 1888-08-16
JuueE 3. 7. KIzsRoU6H.
Tells How His kian6amus Case
uriuinatsd and Why Rhan-
donsd


Watson in my name against
Auditor stone; and the notice
YOU gave of its pendeney seems
to make proper some puolic no
tiee of its abandonment. | NAV
state at the outset that 1t dld
not have its origin in any desire
to recover the salary, merely,
to which | am supposed to De
by virtue of my reap
pointment aud confirmation as
Chanceller before the Judiciary
bill was passed. Attorneys con-
nected with the case will pear
me cut. think, ia the assertion
that | have never wanted anu
would not accept the salary
without the office. The real de-
si-n of this case was TO test
again the constitutionality of the
judiciary Bill passed by the late
Legislature and my right to the
Office of Chancellor for the see
ond term. The scarcity Oflogic
and absence of precedent or au-
thority cited ia the opinion OF
the majority of the court in the
former case to sustain 1t, seemed
to create the impression, quite
generally | think, that that opin-
ion was a strained construction
"a statute, which no prece-
rs cited .kx-ihe court to
because none could be
.od,1fin any State of the Union
that way. The question as to
my right to second term was
raised by the pleadings and ar
gumeuts aud briefs OF counsel
In that case (or cases. for there
were twol, but was ignored by
the court iu its public opinion
because the second term had not
begun when the case was made
up. so prematurely raised. Tie
majority, however, had an i'm
preston or adverse view which
they were willing TO express
and did express; but gave no
reasons or precedent that | am
aware of for that adverse I'M
preston.
A more thorough iRvestiga-
ton aftsr the former opinion OF
the court was pronounced only
added to the conviction that
that opinion could not be sus-
tanned by precedent or authOri-
ty. and that by il the Constitu
ton of the State had received Il
severe blow, the Judiciary no
longer being independent but
sabordinated to Legislative viii
And so a second test of the
whole bill was deemed proper
The Supreme Court NJ that time
was still in session and it was
deemed advisable TO reopen OF
3
attempt to reopen the origiual
case. The application for = re-
argument, however. seems to
have reached Jackson just after
the court had adjourned for the
term, so too late. The only
method left was q new case
hence the mandamUs suit which
authorized. That is how the
ease originated.
Bat recently It has occurred
to me that this ease cOuld lot
now he triad till the fall term OF
the Supreme Court. beginning
late in October; and in the mean.
time the courts are being held
ali over the State under the late
majority opinion; and more ma
ture reflection has caused me to
doubt whether the public int.
rest would be subserved by an
effort to disturb that opinion at
the late day it could now be
reached. Ii also occurs to ME
that | ought to take choice be-
tween, waiting for q recognition
of my Cha1cellorsbip 10 be
wrung from an adverse court
and offering my professional ser
vices to the public. l prefer the
latter.
think L ought to add that
have chosen this course solely
of ny.own accord, wilhsut the
slightest hint. or intimation from
any one that | should do so. So
far as | know ne lawyers view.
as to the merits of the questions
involved in the @test caser have
been changed either by the opln
OF the court or subsequent
tisati0n- l am certain u
ge Watsors,-- conviction tha;
80 statute in question Is uneon.
siltGt'ohal, that Chief Justice
ArnOld's opinion should have
been the opinion Of the court,
and that under either opinion
am entitled tn be recognized as
the lawful Chancellor ofthis dis
trict bv the court and be so de-
cared, was never stronger than
now, bet he has of course con
sented tor me TO take my own
course.
NH-- s-..f-
- uEGa-
B. I. kIYBRoUGg.
To find the cause of tfs ev,Is