Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1869-09-16
Registration Cases.
he Supreme Court Of Vest Virginia QWasies
The Proceedings ofMe Circuit Courts.


The Supreme Court Of Vest Virginia Qaasies
tie Proceedings ofhe Circuit Courts.
Three cases Of removal from Office from
Greeabrier county and one from Randolph
county, came up before the Supreme Court at
its recent session for review. The plaintiffs
were men who had been elected to county OIL
ces, and he'd qualified and entered upon their
respective duties. but were subsequently, strick
en- from the Registration list, and ordered to
appear before the Circui, Court and show cause
why their Offices should not be declared vacant.
The motion to quash the proceedings was re-
fused and they were removed from Office.
The Supreme Court rcverses the judgment of
the Circuit Court, and Judge Brown in dely
eriug the opinion Of the Court says:
g. person legally elected to the Office Of
Sheriff under the constitution and laws of this
State, and having duly qualified and entered
on the duties of his Office has a vested right in
the Office, with the privileges and immunties
Of value, of which he cannot be deprived but
for cause, and that by due process Of law. The
Court erred in refusing to quash the rule on the
motion of the Sheriff; and also erred in admit
ting the Clerks certificate of the list OF names
which he certified to have been ordered 10y the
Board Of Registration to be stricken from the
list Of registered voters. Only the record or a
copy thereof properly certified to be copy
was admissible as evidence.
But the most material and important error
in the case was in depriying an officer Of his
Office because Of the fact alleged to-wit: that
his name had by order Of the board Of registra-
ton been stricken from the list of registered
voters of the county, even ifthe fact had been
legally made to appear. heConStitution pre-
scrbes who are entitled 10 vote and il also pro-
vilcs that any person so entitled to vote shall
be eligible to office. The defendent possessed
all the qualifications required by the ConStitu-
ton and laws 10 vote and hold Office at the time
he was elected and qualified as Sheriff of Ran
dolph county. lie had therefore a vested
right in his Office of which he could not be de-
prived but for cause by due process Of law
art. ,. sec. 6, CouSt) And whether the
board of registration struck his name off the
registry list Of voters or not, was wholly imma-
terial to the right Of the party aud the issue to
be determined in the case.
1t was never in contemplation of the Con-
vention that framed the Constitution nor of the
people when they adopted it, that all the Off
GERS of the State, executive, judicial and minis
terial-wcTe to be dependent ON the discretion
or caprice, as i; is claimed, Of an irresponsible
Board Of Registration in relation to an inciden-
tai matter
The Wheeling hteHigeacer (RadicaD in COM
mcuting on the above says:
"This decision announces a very important
principle viz that eligibility to Office does not
depend on the mere incident of registration.
- citizen entitled to vote may be an officer
under the Constitution and the Court hold
that omean that if he has the several qualili-
cations laid down it cannot be material wheth-
or his name is borne on the registry list or not
that being a mere ministerial regulation that
cannot affect the fundamental right.
These decisions by our highest court are con-
elusive on the circuits, so that there will be no
more attempts to decapitate officers or adjudse
persons ineligible on the ground only Of their
not being borne ON the registry. The princi-
Piles enanciatc1 and the errors thus corrected
furnish an assurance Of this whcn will be re-
coguzed by both parties throughout the State.
It affords assurance too that our Republican
judiciary are prepared to do ample and exact
Justice whether such action be favorable to po-
litcal friends or opponents. Where judge
Of lower court undertakes to convert himself
into machine for the execution Of party or
personal ends, we see that the higher Court adj
ministers prompt and signal reproof. 1t is
the misfortune of every party to be afflicted
,,.rr,ll lp lgt
ter without, aud who for mcrccnary ends do
things in the name Of the party or under CO.
Tor of its sanction which that party ought not
and dare not defend The Republican party
Of this State has not altogether escaped such
misfortune But we are bound as q matter Of
duty and as q matter of self-deience to diSown
every rascal who tries to cover his yonality
with the shield Of our party and to diSclaim
and correct rs speedily rs possible whatever a.
buses such persons may be guilty of. No Of
Tense can attach to Us as a party which we do
our best to prevent or remedy. But the mo-
ment we seek to cover up or apologize for or
conuivc at wrong doing, we become response
bic and bAmabIe When Judge Nathaniel
Harrison of the Greeubrcr Circuit (who seems
20 be a sort of intensified Clrdozal undertook
to violate vested rights, aud disregard the fun
dameatal law. in order to give effect to some
mercenary or malicious purpose, we find our
Republican judiciary administering vigorous
reprimand, aud announcing principles that
will afford protection against similar attempts
in future. This is one gratifying assurance
that whatever irregularities or abuses exist in
the execution of law, there is no occasion to
seek their correction outside of the Republican
party. As we have SAID it is our misfortune
that a few men here and there have got into
places which there IS bat too much reason to
fear they use more for personal advantage or
TO crafty unworthy motives. than from a due
regard for their official obligations The duty
Of our party respecting all such cases, once
they are authenticated, is plain. We must not
be responsible for any abuses which it is pos
Sjblc to covrect.
The Virginia Stay Law.