The Bridgeport evening farmer., 1913-10-09
Frederick G. Eberle's Suit to Dust Judge Clark Be-
 fore Supreme Court
MORE MINOR JUDGES HANG ON THE DECISION
Counsel for Governor Bald wins Appointee Contend Respondent Is Usurping Office and Cite Number of Decisions In Similar Con- tests.


 tween Frederick G Eberie and Wal ter H. Clark. for the position of Po- iltce Court Judge for the city of Hart ford, was argued in the supreme court, thig afternoon, on preservation of the louestion by the superior court. On the decision in this case rest several other contests in the state over the appointments of minor judges made by Governor Baldwin. Noble E. Pierce, John W. Coogan and Edward M YeozIIans are counsel for Eber1es and Henry Sfoddard of New Haven, land William B. Heney of this City, for Clark Clark is the holdover judge land on July 1. Eberle, the governors sappointee after being sworn, made demand for the office and Clark refus- led to surrender and has continued to exercise the powers and jurisdictions of the court. Eberle is designated as the relator in the proceedings. The question reserved k: 'Is the relator at the present time entitled to take the of71ce in question under the areeed appointment of the governor trecfted in the information and stipu- Iation and having taken the oath of, office and attempted to perform the duties of od7ce-being excluded there from by the respondent-is the relator entitled to adJudgment that the re- igpondent Is usurptng this of1ce?' The brfef foraskhe reIator, Frederick G. 1bar1e. cites number of dects- t4ons ed appointm in 9th Ter states and Is in part as follows: The constitutional term of said of kfce for judges of city police courts lis two years. The term for which i the respondent was appointed has ex- pi=ed Tn anticipation of it's expira- ton the governor appointed the re- lator to i'll the vacancy.
 2 Judges of the city court and po- i1ice courts shall be appointed for terms of two years. thus saith the consti- [ ts1tion. Therefore, the appointment of Q judge of a city police court. for any other term Is prohibited by the constitution.
 By the amendment adopted in 1856, | Article 12, the judges of the supreme cnzirt of errors and of the superior lccurt appointed in the year 1855 and lfhereafter, shall hold their offices for the term of eight years. Probably no such thing has ever been known as a judge of the superior court claim ing to hold over because his successor had not been appointed
 pv Article 26, it Is provided that the tdudges of the supreme court of errors land of the superior court shall, upon z10mfnat1on of the governor, be ap- pointed by the general assembly in such manner as shall by law be pre- scribed-
 The judges of the police court right fully fall, therefore, within the pro- Ivis9ons of Section of Article as being judges of inferior courts and thev are to be appointed by the gen. ieraI assembly ''in such manner as ishaIl by law be prescribed.
 Assuming that our previous conten- tfion is correct and assuming that tho Legislature is prohibited by the con stitution from appointing a judge o1 { A city court for any term other thar 1.-the constitutional term of two years 1.-the question arises as to the const1 tutiona1ity of Chapter 233 of the pub lie acts of 1907, authorizing appoint ments by the governor to fill vacan- fctes-
 The constitution is silent upon tht subject of the filling of vacancies. This matter of filling vacancies is an inn lportant one; it is certain that in tht vicissitudes of human life vacancie: will occur: oftentimes important va. cancies such as in the case at bar she great city of Hartford cannot gC without a police judge. the office mus Fbo filled and until the constitution shall speak upon this important sub .5ect of appointments to fill vacancies dhe power to provide for those ap pointments remains in the legisla lure
 The constitution is a limitation i
 all cases covered by it's provision:
 leaving the power of the assembly un impaired in either respect. (State
 Reel Morris vs- Bulkeley, 61 Conn fS65-) Therefore, we conclude tha the legislative provision TOT tIle HIIlh ~ iof vacancies occurring in the office manned in the statute by a temporar lappo1ntrnent of the governor valiC I've also contend that the provision C
 the city charter and the resolution ap
 pointing Judge Clark, that the judg shall hold until his successor is quail fled, is not a legislative provision fo IflIing a vacancy but on the contrar 1t is part of the original appoint
 1aenf: it dces not permit any vacancy
 it makes the term of the judge fnde
 finite and results in writing onto tn
 constitutional term an additional teri
 and constitutes the creation of ne
 and different term from that create ! by the constitution
 We contend that the respondent
 r1surping this office The constitutio ] provided that his term should be fc { two years. The legislature has pro
 vided that in the event of any va