Year: 1875

1
thCdeath OF the late Judge PAUL. has not
been filled because the Governor was In
doubt as to the true Interpretation OF the
Constitution. In relation to this point, Al
in every other important matter, the
present Constitution is such bund 10 ol
imperfeCtiOns and blunders that It has
been impossible to understand It's provis'
ions or to act iRtelligently under it, The
Governor therefore refused to take any
steps in tho matter Of filling vacancies un-
til the Legislature should fix such inter-
probation on the clause Of the Constitu-
ton in relation thereto as should enable
him to act in accordance with the will Ol
the people IA expressed by their repre-
sentNtiyes.


The Constitution provides clearly
enough that where vacancy occurs in
which there Is less than two years Of the
term for which the Judge was elected
yet to expire, the Governor by and with
thecOnsent Of the Senate II it bO in seS-
sion may by appointment I'll the vacancy,
but II the unexpircd portion Of tho term
should be more than two years,it provides
that the Governor shall issue writ Of
election to the Sheriff. OF the different
counties.


Right here II fails TO provide any time
at which such election shall be held, does
not signify whetherthe writs shall be for
q special election or whether tho vacancy
shall be filled at agencral election. The
Governor being at sea M to the intent
OF the trainers OF the Constitution and
not willing to incur the cost Of the special
election unless clearly authorized no 10
do by law, chose to submit the matter to
the wisdom Of the Legislature, Hence
the bill which has been under COnsidera-
ton and which passed the Legislature.


The terms Of this bill make 1.-THE duty
OF the Governor to issue his writ to take
effect at general election, and in the In
term between the occurrence Of the
vacancy and the election, to Gil II by Ap-
pointment with the consent Of the Sen.
ate, II that body he In session.


In the consideration OF the bill. Mr..
Jackson took the ground that the bill
was unconstitutlonalsO so far a. II related
to the appointmenLot Judge Of the Sup
rene Court OF ofAppeals. "The bill, he said,
authorizes the Governorto appoint by and
with the consent Of The Senate, III be In
session, until q general election. The
Constitution gives the Governor Eve days
In which to signify his approval or disap-
proyal OF the bill. By that time there
will be no Senate in session, and then he
can make nomination subject To the ap.
proyal OF the Senate year hence. Are
you by the passage Of this bill going to
empower the Governor to put upon the
Supreme Bench person who may be re.
jectcd by the Senator After n careful eX.
animation Of the Constitution, have not
found in It any power conferred on the
Governor to make such an appointment
except that the unexpired portion Of tile
term be less than two years. Ills for the
people alone to make a selection, and no.
where, either in terms or by implication,
is the appointing power conferred on the
Governor. This bill gives power to the
Governor to foist upon the people man
who will be 10 obnoxious to the people
that the Senate will be compelled to re.
fuse to confirm him a. wholly unfit to
hold this supreme position"


Mr.. Jackson was followed by Mr.. Ice,
who said: ~ did not intend to vote for
this bill until had satisfied myself Of
ia constitutionality. To determine its
constitutionullty Il becomes necessary TO
ascertain the motives Of the convention
which framed the constitution. II could
not have contemplated that when a va
cancy occurs II should continue, nor did
II intend that the people should be In
volved in the expense Of special elec.
ton. TL'is true we have no right 10 look
into the matter Of expense when consid.
Cring provision Of law, but II ia clear
to my mind that the convention did not
intend 10 saddle upon the people The
great expense necessarily incident 10
special elections. The case comes clearly
under the provision for general elections,
and az clearly provides for the filling OF
vacancies by appointment under the gem
Crnl law. II the vacancy had been less
than two years the Governor would have
filled II by appointment, but being for a
greater period than two years, II becomes
his duty at the next general election 10
notify tho people that vacancy exists
which he has temporarily filled ny APP
pointment, but which they must now iill
by election"


"a special election is nowhere provided
for, therefore IL IL reasonable TO infer
that the Convention did not intend to In
cur the expense Of special election, and
yet II must have been intended that The
vacancies should be filled, and the only
way left by which they can be filled is by
appointment subject to the provisions Of
the Constitution"


Mr. Miller said he would content him
self with an explanation Of his vote. lie
would say that so fat as his section Of
the country WIS concerned, II there was
no bill passed there were many cases In
The courts that would suffer, but never
theless after thorough investigation he
had come to the conclusion that the ap-
pointmcnt by the Governor Of this judi
Cial officer would lead to disastrous con.
sequences, because II the appointment Of
such Judge is illegal all the decisions
rendered BY him would be illegal.