The sun., 1916-11-14

appointment which has not yet been
exercised is vested In the Governor.
Ills a%ppointee will hold office until the
end Of 1917, the successor Of such ap.
roIntee being elected Mt the general
election In that year.
As FRANK H.. HrsCoCK, the newly
elected Chief Judge Of the Court Of
Appeals. Is now an Associate Judge Of
that tribunal. his promotion will cause
n vacancy In the Office Of Associate
Judge Mt the beginning Of next year.
The Governor is empowered by the
Constitution to All this vacancy by
appointment, which shall continue up
to and including the last day Of De-
cember, 1917.
Much interest exists among the
members Of the bar throughout the
state as to the selections likely to be
made for these positions. The Court
Of Appeals as ut present constituted
consists Of ten Judges, seven " whom
may he regarded as the permanent
court. icing elected MS Judges thereof
for terms Of fourteen years each. I'M
less their terms are shortened by the
constitutional age limit Of seventy
years. The three other members of
the court are Supreme Court Justices
designated by the Governor. Although
there nre ten members Of the court.
the Constitution provides that no
more than seven Judges shall sit In
any case. In practice the Chief Judge
sits continuously, but there Is n sys-
tenn Of rotation among his associates
which e%xpedites the work Of the court
by enabling several Of the Judges 10
prepare opinions when not sitting.
Although the volume Of litigation
from the First Judicial district New
York county and The Bronx far ex-
ceeds that from any other portion of
the State. 1t so happens that this dis
trict Is now represented In the Court
Of Appeals by only one Judge, namely.
Justice BENJAMIN y. CARDozo Of
the Supreme Court. 1t is generally
assumed. therefore. that Governor
WHITMAN will appoint II lawyer from
the First district to succeed Judge
SEABuRY. Syracuse IS not unlikely to
make n claim tn the position Of Asso-
ciate Judge when Judge HisCOCK Of
that city becomes Chief Judge; hut in
S-tnxs. 80 thn faas chat gsp,tutn I,t.lva
HOGAN of the Court Of Appeals Is also
n Syracusan it may he thought. with
reason, that other localities are en-
titled to II preference.
In the case of Judge PouND of
course his successor rs Justice Of the
Supreme Court will have to he taken
from n Of the counties in the Eighth
Judicial district. Judge PoUND re-
sides at LOckport. niagara county.
Although geographical considera-
lions should never he deemed con-
trolling in making IN the personnel Of
the highest court. they are entitled to
weight. other things being equal. For
h'h sVtiS AioVnish htN VitJVsVb ti'
privilege Of having n representative
In the Court of Appeals. This is not
only an honor to the borough hut Il
great convenience to the members Of
the bar who have to make npplica-
tions for leave to appeal and certifi-
Gates Of reasonable doubt. After the
retirement of Chief Judge BARTLETT
Brooklyn will he left unrepresented in
the court Of last resort unless the
Governor d%esignates n Supreme Court
Justice from the Second district to
sit as an Associate Judge In the place
which Judge PorND now occupies.
Governor WHITMAN need have no diff
ficulty In selecting an able and COM
petent Republican Judge from that
district. Among those whose names
have been mentioned for this appoint
ment are Judge FREDERICK +. CRANE
and Judge ABEL +. BLACKMAR. The
designation Of either would be credit.
able to the Governor and beneficial to
the State.