The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-12-04
CHANCES FOR
THE SUPERIOR
JUDGESH|P
Gov. Budd Will Fill the
Borden Vacancy.
CLAIMS OF JUDGE LAWLER
WALLACE, scHLEsINGER, FER
RAJ AND FooTE NAMED.
Appointments for the Unexpired
Term May Be Announced by
Governor Budd To-Mor-
WALLACE, sCHLEsINGER, FER
RAJ AND FooTE NAMED.

The death of Judge Rhodes Borden has
opened up a wide field of inquiry and con-
lecture concerning the selection of his
successor. He was appointed by Cover
nor Budd to fill the uneXpired term of
Judge Slack, and at the last general cleo
ton was chosen for a full term. beginning
in January. The portion of Judge Slack s
uneXpired term not covered by the Gov
ernor's appointment to fill a vacancy may
be served out by L. G. Pistolesi, who re-
ceived the highest number of votes for
that position at the last general election.
Mr.. Pistolesi, however, cannot secure his
commission until the result of the cleo
ton is officially declared, and that decla-
ration is not likely to be made until
few days before the beginning of the next
full term. Therefore Mr.. Pistolesi stands
but slender chance of gaining judicial
prestige. There was talk among the poll
ticians yesterday that Judge Wallace.
who received, next to Judge Borden, the
highest number of votes for the full term.
would get the office. The lawyers did not
take this view of the case They main
tanned that the duties of the Election
Board were ministerial and could not ex
tend beyond the mere declaration cf the
number of votes received by each candi-
. date. It is not their function to inquire
whether the person voted for is living or
dead, but simply to certify to the number
of votes he received.
Governor Budd'S mind in regard to this
complication or question is fully made
up. He. cites the decision of the Supreme
Court in the case of Crawford VS.. Dun
bar. 1t was there shown that the person
receiving the highest number of votes was
ineligible, yet the court decided that the
Der was not entitled to the office. although
eligible. Declaring his own intentions,
Governor Budd said: Next Monday I
shall name a successor of Judge Borden
he a "a
time will make an appointment for two
years. 1 will appoint a man to serve as
Superior Judge until the next general
In the election proclamation the unex-
pired term of Superior Judge was not in
cluded, but Mr. 'Pistolesiis friends to the
number of fifty or more voted for him.
It is a question whether the Election
Commissioners will officially recognize
There is no question of the Governors
right TO appoint TO fill vancancies on the
Superior bench. This Judgeship will.
therefore, be vacant on the morning of
ton provides that the Governor shall hold
office for four years, Governor Budd's
term will not expire until January II,
1899 He will, therefore, appoint to I'LL the
vacancy in question.
There are many aspirants already for
the judicial honors and emoluments.
advancing his claims 1t is urged also
that Bert Schlesinger should be recog
nized. Robert Ferral and II. S. Foote are
mentioned as deserving and capable law
yers, who are entitled to consideration.
The opinion is expressed by the many
friends of w. P. Lawler that he is entitled
to something for the service rendered 10
the Democratic cause in 1894, 1896 and
1895 It is claimed on Judge Lawler's be-
half that he has given such as example
OF fealty to Democratic principles that
the administration should not fau to ac-
cord him recognition, as he possesses
ability, integrity and judicial qualifica-
tons