Star of the Kanawha Valley. [volume] (Buffalo, Va. [W. Va.]) 1855-1856, 1856-06-11
STAR OF THE TKANAWHA VALLE lY
sheriff, El,.lion-A New eu.,tio n.

There Will RrlSes lfOHl -"
by the last Legislature, . question
Connecting itselfwith term OF service
o Of every Sheriff and Commissioner in
the State. We call attention to i, 80
that the opinion Of our judges, If pos
sible. may be obtained upon it. The
last Legislature Of this State passed
law authorizing the Sheritfs and
Commissioners, now in office, to hotd
orer until January next upon giving
the usual bonds. and declaring that
hereafter the term of these offices
shall commence on the LIST Of January
The Constitution of the State, " hich
Is the supreme law. md contrary te
which, no law passed BY the Legisla,
ture is valid, limits each term o.
Sheriff and Commiss toner's to two
wears. Ii the Sheriffs and Commits
sioners now in office hold over unit
next January, they vi hold office
six months longer than the eonstitu
ton allows them to hold it.. Car
thew he allowed to hold over! Viii
their acts of office during this extern
sion Of term DO valid and binding
These are important questions, art
the interest of the public require
that, some certain position be assumed
with reference to them--otherwise
the whole legal proceeding over thu
entire State may be thrown into con
fusion and embarrassment. = + T.
We take it as perfectly clear tina
the Legislature has no right TO pas:
any act contrary to the provisions @
the constitution, and that such &c
being violative Of the constitution il
null and void, and of no effect. Cit
alton of authorities to establish thi'
proposition is not necessary. Thf
constitution isthc SUPREME LAW
of the State, and paramount to every
other law Of the State. No act pas
sed in violation of it is law, and thu
courts over and over again have Sc
aside such unconstitutional fcgisla
ton. The power of the Legislature
to fix the time for the qualification o
officers is, of course, limited BY thu
provisions Of the constitution creating
these offices-otherwise, the -Legisla
ture could extend the term Of servic,
indefnitely-for six years as well a
six months-and extend it not onl,
for Sheriff and Commissioner, bu
for Governor, Attorney G eneral, ant
every other office in the State. w,
do not think therefore any one cal
argue thar the power Of. the Legisla
tire to fix the term for the qualifica
ton Of officers involves the power t.
ertead the time Of their holding tn
offices. Such an argument woul'
change the term Of every Office nth
State and overthrow every provision
fthe constitution. About this poin
We hardly think there can be any doubt
The Sheriffs and Commissioners nov
in Office have no right to hold owe
until January. tbs Ian authorisin,
them to do so being decentralization
al, and the courts should direct tn
Sherifts and commissioners elect t
qualify, as usual, at the July courts
The adoption of any other course car
not fail to produce embarrassment
and litigatiori-parties to suits Bein
| sure to avail themselves ofeverythin
looking like point, whether it b
one in fact or not. ~ i p.
We have thus thrown out the poin
The Magistrates. before whom in eac
county this question willhave to com
up ought to reflect and investigate tn
matter. As the question is one {
real and serious Importance, it woul
be we'll for then4to consult the Attol
new General of the State, w., Be
cock. whose duty tits to advise then
and whose opinion would be conclr
sive. We suggest to some our Mas
istrates in this county to write to Co
Bocock on the subject, and requel
him to publish his opinion. There
but little time "a month"; before til
question will come up. -Lynchbw'
Republican. T.. 90.
| SDaiD and Mexiro.H II +