Telegram-herald., 1891-02-07


me~ - p>sssasa = xskss ~ sAs ussAsx.
| sAa ~ - Lapyss~
| Conodorsbzs dlseusssoa ossr thS
jadgsship dseisoa - had yesterday
ssteaainx from tas sasb oa ths sasesi
~ tAs elab hoass and law ofaeee. Ths
conflicting op.nions expressed we're pc
euliAriy sAaassng IA soaae inssanees
| ~bureh xlnt u a, never Vas IN st and
his rules re no good. see" i" exclaimed .
vard hseier 70 party of companions
nssf the nev court house.
II see IN me Democrat thai Adsil
ssad that Ear~h was 10 Judge alter yes
tsrday and That meboe zoe court soald
hait 20 lsgAslzs hls judicial DEGREES,
made senee December Il. =" said long.
haired. llsky voiced hzblfue Of sub
hasen1eat saloons a. he stood IN the
center Of party OF listeners nesT TIE
Afr4sse entrance.
Rats. e9ntempluoussy replied a
red -nosed, yet dignlfied auditor, 'syeu's
salkin thro yer bat. 'spose my divorce
sac goodf iou make nae acne in my
feet" snd WITH this cutting BIT OF ssr-
eassn he turned away.
Il tell you" excltediy exclaimed an
attorney who had evidently graduated
alter ssx-moath's clerkship in petit
Iogget's office, every act performed by
Judge Bureh since December IL. -
yoidabIe, II not absolutely void.
know the law, my name Is Marks for
convenience aud have read both de
eisions and | know what I'm talking
about. | wouldn't give tlnker's red
herring toT a single decision since Adslt
took the oath OF Office" whereat he
strobe malestiealiy back and forth be-
fore his admiring hearers.
"Ies, ! saw what Mr.. Adsit IS report
ed TO have said IN the Democrat this
morning." replied a leyel-headed attor-
ney. ''Dut | could not give the report
credence because il was So totally un-
like anything that Judge Adsit would
be likely To say on the subject. Judge
Adslt Is not and will not be Judge until
he receives his certificate OF election
from the proper officer, the Secretary
OF state. When this is received he may
take the oath OF Office and enter upon
tho discharge OF his judicial duties. lie
IS no more Judge now than he was the
oath OF office, because he did not then
and does not now possess the legal ia-
strument necessary To entitie him to
qualify, namely the certificate OF elec-
ton.
"The idle talk about the invalidity of
Judge Burch's DEGREES arise more from
ignorance and party bias than from \
knowledge OF the law. The Supreme
Court in its first decision established
the constltutionality of the law and
legality Of Judge Burch's incumbency,
holding that ali his acts were legal and
binding and would continue TO be SO
until his successor was elected and
duly qualified. In its last decision the
court decides that Judge Adslt was
legally elected and directed and order
ed the State Board of Cauvassers TO
canvass the votes cast for him at the
late election and issue q certificate of
election. Judge Burch at no time has
occupied the position of usurper or
trespasser, but On the contrary has held
the office in dignified manner, await.
ing the time when his successor should
legally qualify. That he has not acted
since the decision was rendered is more
matter personal TO himself, for IS a
matter of law he might continue TO act
up to the very moment when Judge
Adsit presented himself duly qualified.
Every judgment rendered by Judge
Burch, whether civil or criminal, is
Just as binding and valid as the judg-
ments of any court Of record and sub
ject to the same conditions, restrictions
and qualifications"