The leader. [volume] (Brookhaven, Miss.) 1895-1905, 1903-10-14
Governors and JUDGES.

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It is an altogether mistaken
view Of the situation to claim that
"a Governor has a right to Judi
cial appointments for the purpose
|of rewarding bis friends, putting
Ithat department. in touch with
himself during the whole Of his
administration, or for any other
purpose what ever. When judi
cial vacancies occur, they must be
filed somehow, and the makers Of
| the Constitution conferred the au-
thority for action on the Cover
nor, upon the ground that this was
the best method of keeping the
judiciary out of politics. 70 fill
the bench with men who would
voice a Governors views in their
official action would be an outrage,
Iunpardonable.
judges have an undoubted right,
| Hike all other officials, to resign
whenever they please and for any
cause which is to themselves suffi-
cient. When judges wish to re-
sumo the practice Of law, or
thought they would not be reap
pointed, or saw a mole congenial
field for their labors, they resign.
AS rule the judges Of the sn-
preme court resign unless they die
during their term.
Justices Cooper and Woods re-
signed shortly before the end Of
their terms. Circuit judges and
chancellors ali over the state have
done this time and again.
Every Governor has the APP
pointment of every circuit Judge
and chancellor at some time dur
ing his term of office, and none
have ever sought in any way to so
shape events as to give him con-
troll of judicial appointments for
vacancies occurring before his
term began.
Judge Price was appointed to
fill vacancy caused by death,
and Judge Truly to fill out the
same remaining part Of an unex-
pired term, caused by Judge
Prices resignation. The full
term will be filled by the incom-
ing Governor in his third year,
and the appointment will hold for
nine years.
| Upon no just ground can it be
claimed that Governor has a
right not only to control the fill.
ing of an unexpired term which
commenced before he was actually
elected, and also to fill a nine year
term which will cover the holdings
of his two successors. In the
same way it is wholly untenable
to attempt to give, in any meas
ure, to any Governor the control
of any vacancies in judgeships, oc.
curing for any cause, before the
term Of the Governor began. II
lis a prostitution of appointive
function to seriously make such
contention, and puts the appoint
live function on the basis of per
Isonal perquisite, instead of a high
trust, exercised solely, in theory
at least, for public good.
| Judge Chrisman's term ended
on the same day that Governor
4, McLaurin's term began. AS q
day is but point of Soc, con
| sidered as legal unit oNernol
IMcLaurin's friendsconM 8ded that
| he should be considere Governor
| for the whole of that day, and that
| the appointment commencing and
ending with his term, should come
| from him. Besides, if this had
mot been done, he could never
have made an appointment for that
| district, as he was inaugurateo
| Jan. Goth, 1896, and his term end
ed Jan. 10Th, 1900, each being or
| Tuesday following the count Of
| the Governors vote. So far as
| that action being a precedent fol
| the control of the filling Of any
vacancy occurring before the com.
mencement of the Governors
term, it is precedent exactly the
other way, for it was based on the
principle that, the power of filling
vacancies began and ended with
those occurring during the tern
of the Governor who makes the
appointments.
i The attempt to defeat judicia
appointments of efficient and ca
pable men upon any other groune
| than that of their integrity ant
capacity, would probably not only
result in failure, but it would be
almost certain to create an organ
lied opposition to the incoming
administration W lie b would
largely cripple its efficiency.
Il (NIo y.i0., + aJrnts