Reporter and farmer. [volume] (Webster, Day County, Dakota [S.D.]) 188?-1946, 1894-02-01
GREAT CRY-LiTTLE WOOL.
1t is yer, amusing to see the ,

edly discussing the law in regard to
the appointment of a Judge to fill
the vacancy caused by the death of
Judge Bennett.
One would almost think that
every independent editor In the
state was an eminent jnrist. We
have known a few and if they are
samples, you will excuse us and
not sue us for libel if we express an
opinion contrary to the above pro-
position.
1t looks to US, but of course we
are biased, that the only trouble
with these learned gentlemen let's
in the fact that they occupy the
position of the small boy vino while
sliding down hill has collIded with
d very large man, and has for his
pains been most effectually sat upon
and being able to do nothing else.
bowls.
The fact is not so much that
they are DESTROYS of saving 30 the
people the right to elect a judge at
the next election, but that they are
DESTROYS of critlcising the present
administration. If Governor
Sheldon was a pOpulist and Judge
Fuller one of the same political
faith, do you suppose that these
gentlemen would disapprove the
act which they now so loudly crit
else?
All this talk about the violation
of the spirit of the constitu ION is
mere nonsense. The facts Of the
case are right here: The people in
their constitution provided that the
Judges of the Supreme Court
should hold office for a term of six
years. Perhaps This was for the
purpose of removing, as far as pos
sible, the Supreme Court from the
influence of active politics. That
would indeed he a laudable purpose.
Certain 1t is that it does have that
effect, by giving the Judges a term
of office not capable of being dis
turbed by the varying and meaning
less tide of political commOtion
that sweeps over the country from
time to time only to subslde, leaving
the political sea more placid than
before its advent.
Now If this was the intent of the
trainers of the constitution. and no
doubt it was, an appointment for
any less period than the uneAplred
term would be in violation of that
spirit.
Further, the pc pie at the last
judicial election demonstrated that
it was their wish to have for the
next six years a supreme court COM
posed of men from the ranks of the
Republican party of this state.
What right has the minority to de-
mand that the will of the majority
should be disregarded, simply on
account of the happening of an un.
foreseen and most unfortunate
event.
Again we are not obliged to thus
bolster up the position taken by
the Governor, the Supreme Court
of this state passed upon this ques-
ton directly, some time ago, and
before the present discussion arose.
The Governor in making this
appointment is simply following
the law as then declared.
1t might also be we'll to say that
the Supreme Court in deciding this
question we're not sailing forth into
unknown seas of jurisprudence, but
we're simply n we'll known route;
one travelled scores of times by the
courts of other states.
In making the decision they kept
constantly in mind the object and
intent of the law, and the 3onclu
SION reached undoubtedly announ-
ces the object and spirit of the law,
as any one who reads it. with an
nnhIaspd mind, viii be compelled