Show A FOOLISH ATTORNEY ii Tho Territorial Unijiiircr states that at j 41 the opening of tho First District Court at i fJll Irovo on Monday morning last Judge I Powers announced that 1m had received I 11 note from u person who recently had a case before the court stating that ho had l j m Iwen advised by his counsel not to pay J tu the costs of court in his suit because liii Judge Powers would 1 BOOH bo ousted etc n rime Court stated that his term would not expire until adjournment of time present pres-ent session of Congress or until his successor suc-cessor was appointed and that all indubt 1 1 udness would have to he piomptly paid 1 no matter who might bo upon tho bench l tm 1 That wa certainly very foolish advice for II lavvvcr to give his client unless in rpj 1 deed ho lnul somu more tcniblo ground buy upon which to biso his counsel than that I stated in the letter hccatiso Itulo 14fi Powers would HOOII bo ousted As the Tudgo remarked his time of attica will not expire until the adjournment of the I1 inoscnt session of Congress or until his lIuccossor Is appointed j but even if tho I withdrawal hU nomination operated to immediately suspend him from duty 14 t k upon tho bench which it docs not that td11 would allbnl an attorney no jnstillcation whatever advising his client to refuse t t to pay into ourt the regularly accrued j costs of his suit and no intelligent lawyer I j law-yer would counsel Kiith a thing 4tim Judge Powers statement to the time L when he can no longer legally exercise I c tho functions of hm olllte is quite correct cor-rect Ho was appointed during a rccera t of the Son lito to fill the vacancy caused fm by tho resignation of Judge 1inoraoii I uud to end the opposition interposed to 4 lilaconlirmation lie consenteil that his I noininatlon nhoiiM be withdrawn It Is m i f true the quebtlon has been raised I as to I 5 whether he ceases to hold hit oflice or t 4 retains the ruino until the end of tho I present fcCBsion of Congress unless in tho meantime ho should die or leslgn or time President Hhouhl nuku another nomination n nomina-tion Hut this question wa fully decided long ago both by the Supreme Court and v by two Attorneys General and there no I 1 lunger exists mmmmy doubt but that the w ith dravval of a nomination does not operate ma to vacate the 1 Commission granted during j i iii l a recess of the Senate and that tho lor j I Don BO commissionod holds until the end l 1 of tho nesson unless death resignation I or tho nomination of a Hiiccissur by the I President shall intervene 2 i I |