Show THE OGDEN MANDAMUS CASE JUDGMENT OP OF THE LOWER iwer COURT CONFIRMED JUDGE judae HUNTER DISSENTS 0 1 the tha supreme e court met today to day at I 1 a full bench present the court rendered a decision in the case casa of J N kimball respondent va FD richards appellant being the matter of the weber county probate judgeship which kimball to obtain by manumua mand mus mua the judgment confirmed that of the court below chief justice hunter dissent dissenting lug in asserting his dl sent bent judge hunter said cil 1 I dissent from that opinion lonso so far nathis nathia as this branch orthe of the thu case Is concerned berned the discussion on the question of j jurisdiction has hag not been of such a nature as to satisfy my mind one way or the other eo that on that polut I 1 have not arrived at einy tiny conclusion upon the question as to whether or not a vacancy is created by the hoar amendment I 1 am clearly of opinion that the net act of congress Con grebb grees conferred the power upon the governor only to an sin appointment in case esse of a vacancy occurring and I 1 hold that the decisions in the various vanous states stales ohio california oxil CAli fornia fornin and gew kew new york sustain in the rosi rosl position tion wat that when there is a tenure of office as in this instance for fon or two or m more ore years or until a successor is duly elected and qualified quail nned fled a failure to elent does dees not cre create creato ate a vacancy judge williams asked that an actie allowed to the supreme court f the U U S whereupon a dise disc m ar roh row e upon the question as to whether or not a supersedeas bond might be granted after having heard parties martins on the point the court that inasmuch as their wab waa a biffl difference erenea of opinion on the tha subject it would prefer to hear arguments in rel rei to it oila on a day to be mutually egret egrets d upon |