Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-01-17
Was First Named by Sheldon, but
Resigned on First Day.
HoLcoMB FOR THIRD CHOICE
Action to Test Legality to Be Brought
in His Name.
TAKES THE PLACE OF JUDGE DEAN
Jacob Fawcett of Omaha, Now serv-
ing Under sheldon Appointment,
the Fourth-what the
AppoiRtees Say.
rrom a staff correspondent.>

NfTom n SthIT IorTeGpOndgnt.1
LINCOLN. Jan. 16-(Special )-Governor
shallenberger this afternoon appointed the
following supreme judges: John ]. Sullivan
Of Omaha, late OF Columbus, and Jesse l..
Root OF Plattsmouth. for three-year terms.
and Jacob Fawcett Of Omaha and Silas A.
Ho!comb Of Broken Bow, for the one-year
terms.
These appointments were made immedi-
ately after the governor issued his procla-
nation declaring the constitutional amend
ments voted on at the last election adopted
In accordance with the canvass made by
the state legislature in Joint session last
Tuesday. This canvass was made upon a
printed abstract OF the vote and certified
by the secretary OF state as being "prac-
tlcally" copy of the original abstracts on
file in his office.
Secretary OF State Junkin refused to sign
the proclamation OF the governor, as is
customary, so 1t was filed without being at
tested.
The new judges are TO take the places
OF the judges appointed by Governor Shell
don, who acted upon the canvass of the
vote on constitutional amendments made
by the state canvassing board.
Judges Sullivan. Root and Fawcett wers
appointed by Governor Sheldon, but Judge
Sullivan declined after serving one day,
end in his place Judge Dean of Broken
Bow was selected Should the new judges
be able to qualify and serve they would
dsplace Judge w. b. Rose and Judge ]. r.
Dean.
What ApDOlntees Say.
Judge Holcomb has signified his intention
to accept the appointment and the quo
warranto action to test the question Of
right to serve will be In his name In the
supreme court.
Judge Root, who drew the three-year
term from both governors, exhibited some
signs of embarrassment when the news
was brought to him previous to his official
notification.
Il have not yet been officially notified
of my appointment said Judge Root, "and
therefore cannot very we'll discuss the
matter. But even IL my commission were
before me now I could not say what
should do. While have not gone into tha
matter very thoroughly as a lawyer, as to
whether the legislature has a right to can
vass the vote, 1t was my opinion that Gov
ernor Sheldon acted legally when he made
his appointments. Had not been OF that
opinion should not have accepted the ap-
pointment and moved to Lincoln Some
questions have been raised. however. about
the failure of the Legislature to legally
pass tHe Dlll WHICH repeated the act giving
the authority to the legislature to canvass
the vote. and 1 have not looked into thai
question. presume the matter will be de-
cded by the old court. with one of the
new judges sitting to make a quorum. rs
the law provides
Judge Fawcett Is not in Lincoln, having
gone to Omaha today to attend to somo
private business.
Statement by Governor.
Governor Shallenberger issued the fol
lowing statement:
In accordance with the authority veste
In me by law, and in conformity with III ;
joint resolution of the Legislature filed Ia
my office January 13. 1909, | appoint Joi
j. Sullivan Of Omaha, Neb., to be tudEe
or tho supreme court Of the state OF Ne
braska, TO hold said office until his SUI
eral election in 1911 and has aualifieI;
Jesse Lincoln Root Of Plattsmouth, Nsb
to be Judge OF the supreme court. to hold
said office until his successor has been
elected az the general election in 1911 and
court to hold said office until his R,,e-
cessor has been elected at the general
election in 1909 and has qualified, and
Jacob Fawcett OF Omaha, Neb.. TO be
judge of the supreme court to, hold said
office until HE successor has been elect cd
at The general election in 1909 and has
In commenting upon his action, the spv-
ernor said:
"a statement from me is perhaps well at
this time, since IL has become a matter OF
Importance to the general public and the
administration of our laws. I think II TO
the interest OF the public that the question
as TO the validity Of the appointments under
which the four new judges hold their offices
should be definitely settled. That there is
serious question as to the legality of the
canvass made by the State Board of Can
vassers I do not think anyone will ques-
ton. 1t seems to me certain and It has
been presented TO me by a number Of at
torneys OF prominence In the state, that
sooner or later litigants will raise these
questions when important matters are on
trial, and since they must be settled by the
court. the sooner this is done the better
for all interests.
school Fund More Important.
II know that the ordinary individual is
more concerned, perhaps, as to the Judge
| ships involved. but in my opinion the i'm
portance OF knowing that the amendment
relative to the investment OF school flnds
has been legally adopted is OF even greater
Importance to the state, since under its
powers millions of the funds OF the stats
are to be invested sooner or later Ths
| whole question is that can be SCI tied
easily and quickly. II those concerned will
| lay aside personal ambition or party ad-
vantage and hasten the adjudication OF the
whole matter by a friendly suit in the
court.
"In making the appointments which l
have designated, have been actuated by
a desire TO be absolutely nonpartisan, and
have. therefore. given republican ana a
democrat each a long term and likewise
short term TO one of either political
party In appointing two members who
have also been appointed by Governor
Sheldon, ! have selected those two who
have had extended judicial experience II
was necessary in order 10 bring this mat
ter to a legal decision that should ap-
point, at least one member OF the court
other than those selected By ooSsFnoI