The Mount Holly news., 1919-11-25

What has been a subject of rumol
for some time has at last become pub
lie property. On Tuesday reports were
circulated around the state house that
the Democrats will try to oust Judge
Wells, of this county, and Judge Filth
ian, of Cumberland, from the positions
they now hold on the bench of the
court of common pleas. The ground
on which this action is to be taken is
that the officials are not eligible un-
der the constitution to the positions
they hold. That document says "No
member of the Senate or General AS
sembly shall, during the time for
WHICH he was elected, be nominated
or appointed by the governor, or by
the legislature in joint meeting, to
any civil Office in this state which
shall have been created or the emolu-
ments whereof shall have been in
erased, during such time" Both of
the judges were members of the
senate when appointed. They were
at once confirmed and then the bill
increasing their salaries was put
through. Neither of them voted for
the measure, Judge Wells being abb
sent at the time the vote was taken.
The point that will be raised will
be that, having been ap-
pointed Judges they were, to all in
tents and purposes, not senator's, even
though they retained their seats until
the session closed. The acts of these
officials cannot be attacked as the law
has provided for such occurrences, so
that everything they have done cannot
be undone.
1t has been said that the Attorney
General gave an informal opinion that
The matter was entirely in the hands
Of the Governor and that if there was
any Comeback" it could not affect the
appointees. On the other hand, a
Democratic lawyer of Trenton has as
serted that with the affidavits or ap-
plications of two citizens he can surely
have the Judges removed. The strug-
gle for the presidency of the senate
in which Judge Wells figured quite
promi nently is still fresh in the minds
Of the people and there are those who
hold the opinion that Governor Edge
knew what he was doing when he
made the appointment and was per-
fectly aware of the possible conse-
1uences. It has been stated that the
Democrats have promised that moth
ing shall be done in the matter and
that the two officials will be allowed
TO continue until their terms end, but
who will put any faith in such prom
se and who has made it? Has any
one in authority made such a promise
Senator Edwards has promised to get
after the Public Utillry Commission
and the State Highway Commission
and if any one is foolish enough to
,hink that he will be allowed to let such
a nice plum as two Judgeships to slip
from him they will awake to differ
ent idea. Take this county for in
stance, does anybody think that the
seat on the bench will be allowed to
remain in the hands of the Republi-
cans if there is a possible chance to
make that office, with that of the pros
ecutor Of the pleas, Democratic? Not
much. The Democrats are not built
that way. The probabilities are that
there will be legal proceedings in the
matter and it is to be hoped that some
thing may be shown that will not alter
the present situation. Judge Wells
has made a model official-a worthy
to the gentleman who pre-
ceded him and we should dislike very
much to see anything happen that
would interfere with the courts. Incl
dentally it may be mentioned that he
has never taken penny of the in
creased salary.
oOJ