The Sentinel=record., 1914-03-01
1EMK.
OPINION
OPINION OF LEADING ATTORNEY THAT GOTH. Saekett PIs' "


 All reports Co the contrary lotwith- standing, Judge Gotham announces his unalterable determination not to be candidate for circuit judge at the approaching primary and general election He takes the position that there is no circuit judge to be elect. ed this year for the Eighteenth Judi cial District, and that under the con stitutioa and laws of this state he still has two years more to serve.
 In reaching this conclusion he has given the matter considerable study and thought for the past few months. and has not only taken counsel with leading lawyers of this judicial dis trict. but has also consulted some of the ablest lawyers of the state at Little Rock and elsewhere. He states that he has found but few, if any dissenting opinicIs from the conclu- sion which he has reached in regard to the matter among lawyers who have given the subject more than superficial examination and study. but that they almost unanimously concur with him in the opinion that his term of office will not expire until 1916.
 It will be recalled that when this question was first agitated here, sev- eral months ago, that Judge Gotham called on Attorney General Moose for an opinion as to when his term would expire agreeing to be govern ed by his opinion relative to the mat ter.
 Judge Moose rendered an opinion, which has been published in these columns, staating that in his judgment there was small room for doubt but that Judge Gotham was elected at the general election of 1912 for the term of four years. lnasmuch as this opin. ion has been criticized by some who were disposed to question the legal ability of the attorney general. Judge Gotham, after taking counsel with some of his friends and not wishing to make a mistake on question If such importance, decided to call on Col John M Moore of Little Rock for his opinion with reference to the matter in controversy, This step was decided upon because among the law yers of Arkansas generally, since the death of the late Judge U. M Rose Col. Moore probably enjoys the reputation of being the best judge of law in the state and hence any opinion that he might render on a matter in which he was not interested and where he was called upon for an unbiased opinion as to what the law is on any given proposition, would be entitled to great respect,
 The letter of Col Moore in response to Judge Cothams request for an opi1- ion as to the law on this question, is as follows:
 Little Rock February 26. 1914. Hon C. T. Gotham,
 Hot Springs, Ark.
 Dear Judge Gotham;
 l have given some thought to the question as to the duration of your Ierm of office as circuit judge f As l understand the facts, you were appointed to fill the vacancy created by the erection of the eighteenth cir cult in March. 1911, and held under said appointment until October 30, 1912. having in the meantime been elected at the general election held ia September of that year and that you qualified and were commissioned under such election It is my dpin- ion that your term covers the consti- tutional period of four years,
 The cases of State ex rel vs. Askew, IS Ark. S2, and State vs. Sorrels. 15 1 Ark 66i, discuss in a general way the tenure by which judge who is elect l ed at a special election holds The 1 court in those cases held that the | creation of a new circuit creates a va. cany in the flee of the judge until 1 it is filled, and that the provision of l law relating to the filling of vacancies applied and regulated the duration of the term; but in both those cases the incumbent who was entitled to the office ia question was electeR at special election provided for by the act creating the circuit The same was true in the Mississippi case of