Page:The Green Bag (1889–1914), Volume 03.pdf/184

Rh choose their successors. Despite the fact that the war was then at its height, this election aroused a deep interest, and was preceded by a bitter and intensely exciting canvass. For the first time in the history of the State, the election of judges was the occasion of a partisan contest. The tendency of local events had its inevitable culmination, and at this period the lines were formed and issues presented along and upon

which new political parties came into be ing. The extreme, or "radical," element nominated David Wagner, Arnold Krekel, and Henry A. Clover as its candidates. Judges Bates, Bay, and Dryden were tacitly voted for as representing the liberal or "conservative" line of thought, and were successful by a majority of about eight hundred in a total vote of over ninety-three thousand. They were, however, not destined to serve out the term for which they had been elected. The close of the war was immediately followed by a constitutional convention, representing the extreme or radical view in all its intensity. That body framed the well-known " Drake Constitution," with its test oaths and penalties without end or number. In order to fill official stations with persons in sympathy with these ideas, and to obviate difficulties in enforcing them, an "Ousting Ordinance" was passed, by force of which all civil officers, including judges, then in office were removed. Provision was made for filling the vacancies by executive appointment. Judge Bates resigned in February, 1865; uut his associates denied the validity of the ordinance, and declined to yield to it. The result was an unpleasant collision, and an occurrence that mars the otherwise even and orderly tenor of proceedings in the Supreme Court of Missouri. Governor Fletcher formally demanded that Judges Bay and Dryden should give way to his appointees. On their failure to do so, he ordered his Adjutant-General to remove them by force, if necessary. Calling to his aid a detachment of police, that official took the judges from their seats, and escorted them to the police station as disturbers of the peace of the Supreme Court. The recent appointees, David Wagner and Walter L. Lovelace, assumed the vacant seats, and organized the court. A few days later, Nathaniel Holmes was appointed as the third judge. Judge Wagner became Chief-Justice. Judge Lovelace died August 5, 1866; and Thomas J. C. Fagg was appointed to fill the resulting vacancy. On August 1, 1868, Judge Holmes resigned, and James Baker was appointed to serve the remainder of the term.

4. In November, 1868, a general election was held under the provisions of the Constitution of 1865, providing for a court of three judges, who should serve respectively two, four, and six years, as might be determined by lot, the one drawing the shortest term to become Chief-Justice. Philemon Bliss and Warren Currier were elected, together with Judge Wagner. Judge Currier was allotted the full term of six years, Judge Bliss that of