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Domestic News February 8, 1859

Daily National Democrat

Marysville, Yuba County, California

What is this article about?

James H. Hardy appointed District Judge of new legislative district by Gov. Weller, amid claims he lobbied the bill and questions over constitutional validity since the office was never previously filled.

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Full Text

James H. Hardy has been appointed District Judge of the new District recently created by the Legislature. It is said that Mr. Hardy lobbied the bill through. Gov. Weller, who denounced lobbying in his last message, appointed him. The question is now raised whether Mr. Hardy is legally the Judge of that District, inasmuch as the Constitution only gives the Governor power to appoint "when any office shall, from any cause, become vacant." An office cannot become vacant, unless it has once been filled. This would seem to be good logic. Well. it is all the work of Lecomptonism, and Lecomptonism is all right of course.

What sub-type of article is it?

Appointment Politics

What keywords are associated?

James H Hardy District Judge Governor Weller Lobbying Lecomptonism Constitutional Question

What entities or persons were involved?

James H. Hardy Gov. Weller

Domestic News Details

Key Persons

James H. Hardy Gov. Weller

Outcome

appointment made, but legality questioned due to constitutional provisions on vacancies.

Event Details

James H. Hardy appointed District Judge of new district created by Legislature; accused of lobbying the bill; Gov. Weller, despite denouncing lobbying, made the appointment; constitutional debate on whether new office can be filled without prior vacancy.

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