The San Francisco call., 1898-12-09
THE SUPERIOR COURT VACANCY.

n LTHOUGH they have presented great deal / of wisdom calculated to illuminate the subject, the able lawyers of the dail, press have not yet handed down decision in the of the vacant Stu perior Judgeshp In short they have not yet decided whether Governor Budd or Governor-eect Gage will appoint to the late Judge Bordens place, nor whether the legal angle caused by the death of the urist will result in any appointment at all.
 It is not with any expectation that these able law yers will agree with us-newspaper lawyers like real lawyers, never agree on anything-that we interfere in this matter throwing as it were, legal castor
 into the ring but the subject interesting ln Its com pcatons and that Is sufficient for attempting to cast the effugent glare of intelligence upon It.
 At the time of his death Judge Borden was hlhng an unexpired term by appointment ot Governor Budd H. had also been elected to fill full term be- ginning January 2 but the official result had not yet been declared There is doubt that Governor Budd can appoint to the term which expires on Jan uary 2, but can he anybody else appoint for the term which begins on that date? Judge Bordens cer- tcate of election has not yet been issued; in fact no one knows officially whether or not he has been elected When the Election Commissioners conclude their abors-unless some double crosses Judge Bordens name in the meantime-they will probably make out document certifying that he received sufficient number of votes at the late contest to elect him. They have not and cannot have any official knowledge of his death, and the only way they will ever discover that he has been summoned his last account will be by his failure to appear and claim his office
 Judge Troutt had been reelected and will claim his certificate. Judge Murasky will in due time come around and get his. Judge Seawell will probably take day off and call for his But Borden will never put in an appearance Whether this will create a vacancy for the term beginning January is ques- ton the journalistic jurists ought to decide before they proceed any further with this matter.
 There is surely vacancy in the Superior Court of this city at the present moment It is equally certain does will there be vacancy January 2, or, if there is, and he names the man between that date and the inauguration of Governor-elect Gage, who contest the title to the office?
 The constitution limits the terms of Superior Judges to six years and arbitrarily terminates them the piration of that period Section 70 of the Code of Civil Procedure authorizes the Governor to appoint in of vacancy, and the appoinee holds until the election and qualification of his successor. There is provision of law enabling duly elected Superior Judge for longer than six years and the assumption that Judge Wallace hold over by vr- tue of an election which took place six years ago is untenab1e.
 It is our opnion-presented with due deference to our learned brethren of the daily press-that Gov ernor Budd controls the situation. If he appoints Judge before January and reapponts him after that date the gentleman will hold office not until the cleo ton under the new charter next year. but until Jan- uary I, IooI