Year: 1877

to the great detriment of the public
good; therefore,


Resolved, That the Attorney Gem
eral be, and the same is hereby, in>
strucled and authorized to institute
such legal proceedings as may be
proper, to test the validity of said
elections, and the rights derived
Hereunder.


Under this resolution, the Attor-
ney General has chosen to make the
issue upon the case of Hon. A. j.
Shaw, Judge of the Third Circuit,
who waa elected in December, 1874,
to fill the vacancy occasioned by the
death Of Judge Green. His case is
not definitely mentioned in the con-
current resolution, but the identical
principle involved in tie other eleca
tions applies to his tenure of Office,
and for satisfactory reasons to the
Attorney General, he has instituted
proceedings in the nature of quo
warrapto to test the validity of Judge
Shaw's election. It is not a strict
compliance with the terms of the re-"
solution, but it was the purpose of
the Legislature to secure q decision
upon mooted point, aud not to
single out any particular class of in
dividuals for the application Of the
principle.


AS there were circumstances con-
nected with the balance of the Cirs
cult Judges, which might give rise
to unjust suspicion as'to the motives
Of The proceeding, the Attorney Gen
eral determined to make the test with
the only pronounced Democrat on
the Circuit bench thus situated,
and i'll selecting Judge Shaw whose
exalted character and unquestioned
ability is at once recognized by all
the people, the question is narrowed
down to purely legal one, where
there can be no invidious distinction
drawn by carping malcontents. 1t
is no reflection upon other Circuit
Judges, who have been notified by a
circular letter from the Attorney
General that such proceedings have
been instituted against Judge Shaw,
and as the validity of their own titles
are also involved, they are invited to
participate or be represented in the
argument of the question before the
Supreme Court.


1t is highly important that tie
construction of the constitution by
the highest judicial tribunal--in fact,
the only one competent to entertain
the question-shall be obtained with =
out delay. The Radical Legislature
pursued the viva voce mode of elect.
ing Circuit Judges, without excep-
ton, and the Democratic Legislature
has elected Judge Kersbaw by Joint
ballot Another vacancy has oc-
CURED, which will undoubtedly be
filled BY the latter method, unless a
contrary decision is reached before
the Legislature takes cognizance OF
the existing vacancy, which is not
at all probable, as the Supreme
Court is not apt to hear the argu-
ment OF the case already instituted,
in the natural course OF proceedings,
until after the Legislvture has filled
the vacancy. The suit will be that
the Circuit Judges are placed in an
embarrassing position, from which it
is desirable to extricate them speed
lily as it consists with the business OF
the Supreme Court. Six out of the
eight Circuit Judges were chosen
viva voce, and it the. decision is
against that mode of voting, then
their election was unconstitutional,
null aud void, to all intents and pur.
poses, and the Legislature will de-
clare vacant such position, ard pro-
ceed to the election of Circuit Judges
for full term OF four years. On the
other hand, if the decision sustains