Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-03-26

sdobty, SHALL By death any other cause, Usafcrer,
be un0bie to attend and conduct the election ccors
30 tie prorisons eAs act then the RECORDED, ihese
os no recorder, he be unable to attend The Senior
alderman capable IF attending shall attend and
duet such election according to lou"
The next Senior Magistrate to the Sheriff in q
county ia the eldest Justice of the Peace, and the
next Senior Magistrate to the Mayor in corpora
ton u the recorder, where there IS recorder,
the Senior Alderman.
According to the doctrine of my colleague, there
was no necessity in 1919 to make tho above add
t'on TO the 18TH section. According to him, the
words "or Mayor" could have been supplied by in
terpretation and Tint supplied the terms "Senior Ma
giStrste, would apply to country und city.
a stronger reason would have existed for this lib
erai construction in this than that provided
Tor 10 the 18th section. As to that, have said al-
ready, that the Legislature had where minated
wish that an election in city or town corporate
should be adjourned: but that one should be holden
was their main object 80 this purpose their whole
legislation was directed; and the death of Mayor
was just as possible rs the death of Sheriff. Eli
ther would prevent election and thus defeat the
nam design; yet the revscrs, and the whole Assem-
bly, OF 1919, opinion that the words cor May
or could not be supplied by Interpretation and
structlon, even to save the election ITSELF much less
the edlournment OF and therefore they added
the sixteenth section express provision to provide
Tor what they viewed omissions orsssus.
The revisors of 1910, and the whole General Assem-
bly, OF that year, either right wrong in their
interpretation of the sixteenth section they found
It. Ii they were right, the sitting member entitled
to his seat; but if they were wrong, my honorable
colleague is wiser than the rcvisers and the whole
Assembly Of 1919, put together.
With the construction put by the revisors and al.
SO by the General Assembly, on the sixteenth sec
tion that the words 'or Mayor could not be added
by implication to the word stSheriff to prevent an
election from being lost by the death or inability OF
the Mayor. no one can Imagine that they supposed
the Same words ''or Mayor could be added to the
| words 'Sherif Under Sheriff." in the fifteenth
section merely to authorize the continuance of an
election. We may perfectly assured, that had
the rcvlscrs and assembly of 1919 found our cities
so vastly increased in population, as to require
the continuance of tho polls their elections thew
would have supplied the necessary words, and we
would have found them. as we find all their additions
to the general laws of the land printed between in
vertcd commas.
If more proof of the truth of our Interpretation
were wanting, the l7th 2ist, e2d and 23d furnish it.
Phe 18th section, it stood before the revision nj
1919, enacted penalty Magstrates' REFUSING to
perform their duties under the 18th section Here
again the revisers, not supposing the Recorder OF
Alderman" could be embraced by interpretnt;,n
inserted those words embrace them er,,rcsxl,,
which they also did in the provisions for certifinn
the elections, beginning with the 21st and eed sec
tious and all that follows, in the general election
law, IS subject to the same remark.
Mr. Speaker, having understood from every quar-.
ter that the sitting MEMBERS entitled to his seat un
less the Mayor hud power to adjourn the POLLS: and
having made up my mind against the petitioner or
that question:, have not examined the testimony n
see whether either of tho contingencies happened mn
which the Sheriff of county is authorized to con.
time an election.