The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1900-04-03
EASTERN DISTRICT jUDGESHIp
APPOINTMENT AS SUCCESSOR TO JUDGE
BATTLE RENDERED T0G.A.
COOK, OF WARREN.
Has Not Yet Signified His Accept
ance-The Appointment by Governor
Russell VIII Only Hold Until the
1901 Session of General Assembly.
The Law Governing the Appoint
ment-

Since the sad death OF Judge Dos
sey Battle. Of the Eastern district
criminal court. on last Wednesday
morning. there has been considerable
speculation as to who win be his sue.
cessor as judge OF the court. the ap-
pointive power in case Of death being
with h governor OF the state. As
will be seen from The Messengers
special Raleigh correspondence in an
other column. Governor Russell has
rendered the appointment 10 G.. A.
Cook. Esq, OF Warren county. How
ever. Mr.. Cook has not yet signlfied
his intention OF accepting.
The Eastern district Is composed OF
Mecklenburg. New Hanover, Edge
combe. Robson. Halifax. Cumberland,
Craven. Nash, Warren, Wilson and
Northampton counties. various num-
bers OF terms OF court being prescrib-
ed 10 be held in each OF these counties
during each year. Tbs section "a OF
the acts OF the general assembly OF
1899 establishing the Eastern district
criminal court. which prescribes the
manner in which tbs Judge shall be
appointed. is as follows:
There shall be one judge for the
said Eastern district criminal court.
who shall preside over the said courts,
and who shall be appointed and elect
ed by the general assembly OF North
Carolina, and who shall receive as
compensation for his services the sum
OF -. $50 per year, TO be paid by the
treasurer OF the state OF North Caro-
lima on the warrant of the auditor
out OF any money not otherwise ap-
propriated; and said judge shall take
the oath prescribed for judges OF the
superior court and shall hold his Of
fee for h term of four years, or I'M
til his successor is duly appointed and
elected"
Section S provides further, that "aiI
vacancies in said office shall be filled
by the appointment OF the governor.
and the person so appointed shall hold
his office until the next general as
sembly, which shall appoint and elect
his successor"
Unde the provisions of the act Mr..
Cook. if he accepts the appointment.
will only hold the office for about one
year, his successor being elected by
the general assembly. which convenes
in January, 1901.
1t will be remembered that the leg
islature of 1895 passed an act reorga-
nizing the Eastern district criminal
court while Judge o. p. Meares. OF
this city, was the judge presiding. and
also passed al act appointing C. A.
Cook as judge. However, il develop
ed that the act appointing Mr.. Cook
was ratified before the ratification of
the one creating the office and the su-
preme court held that Mr.. Cooks ap-
pointment was imperative, in that he
was appointed to an office which had
not been created. Under his ruling,
Judge Meares retained the judgeship
until the republican legislature OF
1897 again r~eorganiZed the court and
Governor Russell subsequently ap-
pointed Judge Thomas Sutton to sue
coed Judge Meares.
The next term of the criminal court
for New nov is to be held In Oc-
tober and the people Of this city will
await with considerable interest the
announcement of Judge Battles sue
ceSSor.