Bonners Ferry herald. [volume] (Bonners Ferry, Idaho) 1904-current, 1914-10-02
SITUATION
IS PECULIAR
Statesmen Hold Different Ideas Upon
Question Of Appointing Successor
of Justice Stewart
GOVERNOR DELAYS HIS DECISION
May Take No Action Until After the
General Election

The vacancy on the bench. of
the supreme court of this state
caused by the recent death of JUS
tice George II. Stewart is the first
in the history of that tribunal as
the result of the demise of one of
its members and the law requires
that it must be filled by appoint
ment by the governor until sue
cessor can be elected at the next
general election. Governor Haines
stated when interviewed that the
question of selecting a successor to
Justice Stewart is being given seri-
Gus consideration by him, but just
what action he will take or when
he will take it he has not definitely
decided. While not unexpected,
the death of Justice Stewart was a
shock and the governor will take
no hasty action in the appointment.
The vacancy on the supreme
bench at this time following the
primary election and before the
general election presents a peculiar
situation. 1t was pointed out re-
Gently that the law does not pro-
vide a way of filling vacancy on
partisan judiciary ticket. AS
the candidates are non-partisan
state central committees do not
have control in filling vacancy.
Relative to the filling of vacan-
cies in the supreme court, section
800 of the revised code says: All
vacancies in any state Office, and in
the supreme and district courts,
unless otherwise provided for by
law, shall be filled by appointment
by the governor, until the next
general election after the vacancy
occurs, when such vacancy shall be
filled by election.
It is claimed by those who have
given the matter some considera-
ton that the primary election time
having passed, the law in this in
stance applies to the general cleo
ton in 1916 and therefore the ap-
pointee to the bench would fill but
two years of the remaining four
years of Judge Stewards term.
Others contend that the appointee
would hold over during the balance
of the unexpired term, or four
years. In the Mccarthy decision
the supreme court held that Judge
Charles P. Mccarthy of the Third
judicial district court appointed by
Governor Hawley to succeed Judge
MacI .ane held during the balance
of the unexpired term.
Close friends of the governor be-
lieve that the position he is placed
in with reference to the appoint
ment is a most peculiar one. He
has already appointed in Justice
= Warren Truitt, a north Idaho jur-
list, to the bench to fill the unex-
pired term of Justice Eilshie. At
the primaries Judge Edward A..
Walters, of Haley, southern Ida
: 10, and William M. Morgan. of
Moscow, northern Idaho, were
/, nominated for justice of the SUI
, preme court. 1t is claimed that il
e the governor should appoint 9
D northern man to succeed Justice
Stewart he would virtually put the
primary nominee there out of the
: running while if he appointed 2
: southern Idaho man the same thing
: would happen to the southern Ida.
: no primary nominee.
Having made one supreme court
e appointment the governor is now
! called upon to make another which
: means that he is placed in a posi-
a ton that no other governor of thi,
d state has ever been put in, in that
y regardless of whether the constitu
= tional amendment increasing the
. membership of the court from three
e to FIVE passes, he will have the
). unique distinction of appointing 6
/ majority of that tribunal. If the
3 constitutional amendment passe:
q he will have the added distinction
h of appointing four out of the fv,
Y. members of the court whether b,
is reelected or not,