The Blackfoot optimist. [volume] (Blackfoot, Idaho) 1907-1918, 1912-02-01
CHILD KILLED BY
TRAIN AT SHELLEY
MAY EFFECT COUNTY CLERK
OF BINGHAM COUNTY

| Much discussion is at hand over the
question as to whether appointtees OF
the present governor, James H. Hawl.
ey, will hold office after the next gen.
eral election. Judge Charles P. McCar
thy is at present under the spot light
Judge Mccarthy was appointed by Gov
ernor Hawley as Judge Of the third
judicial district, following the resigna.
tion Of Judge John F. McLane.
It is contention, not without nu-
merous supporters, that inashmuch as
Judge MacLanes term Of office was
provided by law to extend four years,
anG that as Judge Mccarthy was ap-
pointed to fill MacLane's unexpired
term, that Judge Mccarthy would nat
urally remain in office. as long as
MacLane would have served had he
not resigned.
What the Law Says
The statutes provide, according to
some of the attorneys who have inter-
ested themselves in the controversy,
that an appointee for the district
judgeship or similar offices shall re-
main in office until the next general
election at which candidates for dis
trict Judge are balloted upon and If
this Is true Judge Mccarthy will rule
from the bench until the regular cleo
ton in 1914, when district judges will
be chosen throughout the state.
Another provision of the law is to
the effect, it is claimed, that the ap-
pointee shall hold office until the
next general election, which in this
case would be next fall, but it is con-
tended by many attorneys that mas
much as no other district judges
would be up for election in the state
it is hardly probable that candidate
would be suggested for Judge Nc
Carthy's place alone.
II Mccarthy Runs.
Still 1t is reasoned by parties who
are looking for the easiest solution of
the question that this particular con-
dition offers the best way out, from
the fact that If Judge Mccarthy can
be induced to be candidate at the
approaching election, his name would
perhaps be the only one for the
judgeship upon the ticket and the
people by direct vote would have the
opportunity to ratify and approve the
appointment. This same solution was
actually put in practice in another ju-
dicial district in Idaho and resulted in
general and popular satisfaction.
Tho oevsrnor's Opinion
Governor Hawley. when asked for
his opinion Of the matter and his in
depreciation Of the statutes regarding
it, said: o
The term of office to be held BY
Judge Mccarthy, In my opinion, ex-
tends until the next general election,
which Is the coming fall There Is no
doubt Of this in my mind.
But. governor, it is contended that
the term extends until 1914. when dis
trict Judges are chosen all over the
state." was ventured
Cant be- done," came the ready
response from the chief executive;
'the statute does not admit OF any
such construction. I am sorry that l |
didn't have the power to appoint for
q threeyear term, but I didn't"
Hew Problem Was Solved
Attorney General McDougall DEL
clined to give IN official opinion
This controversy presents the same
problem that confronted the people Of |
the Sixth district few years ago." hs |
said: hut there they hit upon . hap
py solution. By common soonsent. thai
name OF Judge Stevens was placed
upon the ticket without opposition and |
in this way his appointment was ap.
proved and the question Of the lenxth |
1t biz term Of office definitely settled.
Have to be . candidate this tan |
in order to hold over" was the com.
paratively brief and optimistic reply
OF o. M. Van Duyn. assistant attorney
general. when the interrogation was
put to him Judge McCarthy'a term,
In my opinion. expires in January, ~
13. and a candidate for the position |
will be elected by the people next Nov
ember."
"As / understand 1t this is a tenn
porary appointment" said l. w. Hart
clerk Of the supreme court; Gin which |
Judge Mccarthy was chosen to fill the
vacancy until the people might have
an opportunity to decide upon a can
didate at the approaching election
Relative to the effect this may have
on one incumbent Of public office in |
Bingham county, ]. T. Carruth, coun-
ty clerk and recorder, attorneys give