The weekly tribune and the Cape County herald. (Cape Girardeau, Mo.) 1914-1918, 1916-01-28
BAR ASSOCIATION,
AFTER ROW, 0. KS
The TRIBUNE PLAN

Continued from page u
what, Ny. Hines, is your opinion
about that >"
NJ. Hines turned or the Senator and
replied;
4 think the governor has tie right
to appoint"
At this juncturc, JIr. Bowman be-
gan to talk on the plan for separate
cauclses by the Democratic and Re
publican members Of the association.
which was suggested BY Judge Hays
Il favor such a scheme rs that" be
declared. "If we are going to romi-
nate anyone we ought to do It in that
way. If we don't, the sooner We adj
iourn the better for usr'
Several men wanted to be heard
when Mr.. Bowman finished his second
talk, Harry f. Alexander. who has
withdrawn his name from the race for
the jadgeshiD, gained the floor.
Speaking on the point Mr.. Hines
brings Up" re began, q don't know
what the law is. ! don't know wheth-
or there viii be en- election or the gov
ernor can appoint, but l do not think
that it VII be expeGient to 20 into this
matter Of indorsing Il man too hastily.
There is q conflict in tho statutes.
| don't know hov- it : going to be set
tied definitely unless we send It to the
Attorney Generals office for his guess.
IF We do try 10 indoFse someone,
how are we going to indorse anyone?"
Just select someone and indorse
him." Senator Lane interpclated.
Judge Hays then virtually ended the
discussion as to whether the successor
10 Judge Hanncy must Eo elected or
appointed by the governor BY citing
decision Of the Supreme Court which
makes it patent that the election is
necessary.
There is a special statute on the
Cape Girardeau Common Pleas Court
stating that the vacancy must be filled
by an election called by the Governor.
In the general statutes dealing with
courts Of record. it states that vacan-
cies on the bench are to be filed by the
Governors appointment.
The Supreme Court decision cited by
Hays, Missouri 252. State ex rel Jones,
finds that in the event Of 4 conflict be
tween a general and special statute,
the special statute takes precedence.
Mr.. Hines then declared that Judge
Hays contention took care Ct q IL
concilabIe conflict in the statutes. He
described the situation which had risen
Is one 10 which both statutes could
successfully De applied.
He said that he had meant the Gov
orner could appoint 4 man to fiji the
vacancy until such time as 4 special
election could he held and the man so
chosen could be installed into the Of
fee.
Senator Lane then declared that he
was convinced from his study of the
statutes that it was unimpeachabIe
that the vacancy must be filed by an
election.
Il wouldn't accept the appointment,
# It were handed to NE, under the
law" the Senator shouted. As an at
torney | would not practice in this
court. l would not have a right to
accept the man appointed"
j Henry Caruthers brought the dis
russion back to the subject Of indorse-
marts.
q am a Republican,. all right, and
The Tribune says it was a Republican
member Of the bar who indicted the
association for turning itself into po-
itical machine, but, Gentlemen, was
not interviewed on this"
"You didn't write the story, did
you?" intorpolatad someone sitting
near Judge Hays.
'No 7 didn't write it," Caruthers
said.
what makes a man deny something
iidate for the position. Other Demo