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Show “aT QA Ww ae we OO THE SEARCHLIGHT Wade Appointment Invalid The thinning ranks of Maw supporters at the Capitol were aghast when the Searchlight questioned the propriety of the appointment by Governor Maw of District Judge L. A. Wade of Ogden to the Supreme Court. The appointment was made at a time when Judge Wade was sitting on a case of prime importance to the Maw reorganization scheme. He had been ealled in from the District bench for that particular case. We again challenge the propriety of the appointment on the grounds set out-in the story two weeks ago, and we question again the propriety of its acceptance by Judge Wade under the circumstances. Moreover, we desire also to point out that there ean be no valid appointment—temporary or otherwise—to the Supreme Court when there is no vacancy, a fact admitted by every member of the court in the Critchlow case. Mr. Justice Larson, concurring in the opinion in the Critchlow case said: ‘¢Since the office is not vacant but Justice Pratt is temporarily in a _ position which measurably prevents or disqualifies him from actually participating in - consideration of the cases now being heard by the court, Sec. 2, of Art. VII1 of the constitution applies. ‘(Here the constitution itself provides that when a justice of the Supreme Court, for reasons which do not vacate his office, cannot reasonably perform the duties thereof, those duties shall be performed -by a district judge called in by the other members of the court. ‘The constitution having prescribed how such positions shall be filled in the Supreme Court, it is not within the power of this court, or of the Legislature, or of the Governor to provide for, or otherwise select a person to discharge such duties. so correctly opinion prevailing The holds.’’ Of course, the Supreme itself, and find a means of validating the appointment. But until it does so it would seem that Judge Wade is not entitled to his seat, nor to the salary attached to the position. It someone questions the appointment in a court proceeding, it is doubtful if the salary can be paid. Maw Go Governor Excellency : Do you have any more of those delightful pinochle jobs open? We understand that favored individuals on your ‘‘must’’ list are elieible for such jobs, and that State commissioners don’t have to be consulted. You merely say, ‘*Take ’em’’ and they’re took. It is reported that the pinochle job pays not less than $225 a month, with a nice soft cushion thrown in for good measure. It 1s also reported that the employee is permitted to keep all cigars and side bets he wins. Excellency, we know of a candidate for, one of those pinochle jobs, who might become an We vouch for his high artist at the game. qualifications for the job he seeks. He might He can obeven take the P out of Pinochle. tain high party endorsements and would be a eredit to your administration. Court can reverse If no pinochle jobs are open he would be content with a blackjack game in the Highway Patrol. Asa last resort he would take a whirl at rolling the bones on West Thirty-third, or he wouldn’t turn up his nose at one of those romantie lunch counter lounging jobs, provided vou would up the expense account a trifle for vour gestapos. Please in eare direct your of the reply to Department FP Searechhght. THE EDITOR S.: The Applicant expressed:a willingness to stand a checkoff of 3% in place of the P. regular 144%. We expected Utah’s What’s happened? ‘Coal Coordinator’? to have John L. Lewis begging for mercy long before this. |