The citizen. (Frederick City, Md.) 1895-1923, 1902-10-10
JUDGES TERMS EXPIRE.
On November 8 Gov. Smith
Will Have Three Vacancies
to Fill-Judge McSherry
Will be Reappointed.


Within the next four weeks
Governor Smith will be required
to appoint three judges. On No.
Vember s next the terms all ex.
pire of the Hon. James McSherry,
of Frederick county, Chief Jus.
tice of Maryland and Chief Judge
of the Sixth circuit; of Hon. Jas.
ID. Waters, of Hartford, Associate
Judge of the Third circuit, and of
the Hon. j. Upshur Dennis, of the
Supreme Bench of Baltimore City.
The successors of these gentlemen
will be named by the Governor
before the expiration Of the term,
so that there will be no vacancy.
The judges appointed by the Gov
ernOr will hold office until the
general election next year, when
the people will elect their success
sOrs to serve full term of fifteen
years. Whoever is appointed by
the Governor will, if precedent is
followed, be appointed with a
view of receiving the nomination
for election for the full term. Ac.
corning to the "Sun Almanac
Judge Waters will have reached
the age of 60 years by the cleo
ton of 1908 and it is not consid-
cred likely that he would accept
the nomination with only one
year to serve if elected. What
the Governor will do in his case
he has not given any hint, as far
as is known here. But no one has
any doubt Of the appointment of
Judges McSherry and Dennis. 1t
is rumored here that these APP
pointments will be made this
week or next. The Governor, 1t
is understood, will also designate
Judge McSherry for Chief Justice,
as that high Office also becomes
vacant with the expiration of
Judge McSherry's present term.
Judge James McSherry, who
was the leader of the bar Of Fred.
erick county at the time, was APP
pointed Chief Judge Of the Sixth
Judicial circuit by Gov. Henry
Lloyd on November l, 1887, when
Judge John Richie died, The
Sixth circuit is composed of Fred
erick and Montgomery counties,
and although closely divided po-
litically. such was the esteem in
which Judge McSherry was held
by the people that he was elected
without opposition at the election
which occurred one week after his
appointment by the executive.
As a member Of the Court Of
Appeals, Judge McSherry at once
took rank as one Of the ablest and
most industrious men who ever
sat on the bench of the highest
court of Maryland. And this tri-
bunal. which is the oldest com
mon law court in the world, has
numbered among its members in
its long history some Of the great
men of the country. When Judge
McSherry went on the bench the
court was composed Of K. II.
Alvey. Chief Justice; William
Sheppard Bryan. Levin T. FL.
Irving, John II. Robinson, George
Yellott, Oliver Miller and Frede-
rick Stone. OF these not one re-
mains on the bench at this time,
and five are dead. Chief Justice
Alvey resigned in 1893 10 become
Chief Justice OF the Federal Court
of Appeals in Washington and
Judge Robinson was designated
by the Governor to succeed him
as Chief Justice Upon the
death Of Judge Robinson in 1896
Governor Lowndes designated
Judge McSherry for Chief Justice.
This was done, although there
was Republican on the bench at
the time. Judge George y. Rus
sum. Judge Russum united with
all the other judges in requesting
the appointment of Judge Nc
Sherry.
Under the presidency of Chief
Justice McSherry the Court Of
Appeals has maintained and in
creased its reputation as one Of
the promptest appellate courts in
the Union. II X the regular Gus
tom of this able and distiu guisbed
bench 70 clear It's docket for each
term before adjournment.