Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1870-04-05

fee or by constitutional amendment. or alter
alton, which is but another mode of expulsion
| or eviction.
The proper business of Legislature is to
legislate or make laws, and not to decapitate or
remove other ofice-holders, and whenever a
Legislature departs from its proper functions
for such purpose, its acts become invalid and
unconstitutional.
The constitution provides that the Mayor and
other municipal officers shall be elected in May
by the voters of the city, and the manifest du-
ty OF the Legislature is to provide for that cleo
ton, and Tor this their powers are ample and
complete; when such election shall be held the
persons duly elected will become entitled to
their offices in accordance with the plain pro-
visions of the constitution
| 1t was intended by the trainers of that in
strument that the change from provisional to
| State authority should take effect peacefully
and TRANQUILITY, as do the calm changes of ma
ture, attended by no storm of vengefu passion,
| by no tornado of official lust, but gently and
genially as winter melts into summer, or as
! night brightens into day If, however, it
should be possible that the Legislature by any
mistake should neglect its proper duty, or usurp
powers not delegated to that department of the
government, there is great danger that anarchy
and riot may ensue, especially 10 the present
excited condition Of the public mind 1t is to
be hoped that cooler counsels may prevail, and
| the threatening ruin and disaster to all our
great moral and material interests may be aver
| ted 80
The constitutional provisions already quoted
as continuing the old officers, to say nothing Of
the order of General Candy of the 9th day of
January last, clearly, in my opinion, establish
| the fact that the complainant was not only de
| facto bat de .jurs mayor of this city, and that
| he still holds that Office But, if he were
| 0p f.tcfo f1,a bu
defendant Elyson to Dust him was in violation
of all law, precedent, all right and deserves
the seEerest apprehension. In the language of
an able opinion Of Attorney General Taylor,
dated the 10Th daAof March Instant, "a per-
son commissioned to an Office may act as an of
fcer de facto until removed by proceedings in
augurated for that purpose This authority
cannot be Questioned except BY writ of quo
aoarranSo or by other legal modes adopted for
his removal, y The books are full Of eases and
authorities in support Of this doctrine.
| But am also of the opinion that the COM
plainant should and must be regarded de ti1c-
to officer, if no words of continuance had been
inserted in either the schedule OF body of the
constitution, and | quote from the same excel
| lent opinion Of Acknowledgement Taylor in sup
port Of this position: ITO hold that we have
no judges, justices, sherifs, or other constisu-
tional officers in the State of Virginia, would
be to hold that we have besn RENTED to 4
state o. nature, with no means Of suppressing
vice or controlling the layless; It would Is 10
encourage vice ard to offer reward to those
who might wish, from evil incinatons, to prey
Ike Wild beasts upon their inno5ent VICTIMS
most pertinent application to this case.
In view Of what has been already said of de
faeta power, It Is hardly necessary to notice the
position taken by the defendants, that the COM
p,ainant was disqualified from holding any State
J office; for the reason that be held the o!mee of
| commissioner of the Circuit Court of the Uni
ted States. Itmay be proper to quote article
| 3rd, section 2ud of the new constitution Of
Virginia, in opposition 70 the ancient law
which would seem to settle the question. That
section is in the following words:
"Ali elections shall be by ballot, and all per-
sons entitled to vote should be eligible to any
office within the gift of the people, exoent as
restricted 10 this constitution" A majority of
| the convention that framed the constitution did
not think that small United States Office,
such as a country postmaster or court counts
/ sloner, ought to depripa citizen OF the priv
ilege, CT exempt him from the duty Of serving
his feloY-citizens 10 State afaoe when their
interests would be thereby promoted, and the
views OF that majority are embraced in the
foregoing second section.
|
the General Assembly Of Virginia already in
session for nearly two mouths had not vet
/ passed q REGISTRATION law, and considering that
the election Of officers is fixed by the oonstitu-
ton for the fourth Thursday Of May, that the
said law would not be passed in season for the
| approaching election, and thus the appointees
of the executive, under the enabling act, would
be kept in Office for the whole Of another year.
The ,sadsigg counsel for the defendants, the as
sistant district attorney of the United States in
his closing argument greatly increased this ap-
prshenson by predicting that it would require
from three to six months to mature registra-
ton law, when by the aid of the military reg
istration Of the last election. and BIZ consulting
the numerous laws 90 the subject, to be found
in the several State Codes, an egent COM
,nittee c1uld prepare such law 10 less than
twenty-four hours But reject SUCH suspi-
i cidee as impossible, and unworthy of further
notice, as It would involve reflection upon the
good faith Of cur General Assembly.
On the subject OF the Jurisdiction Of the
court, have only time now to say that the
length and breadth, the height and depth, Of
equity jurisdiction, as exercised by the greatest
judges in England, was SO great as to embrace
al most all rights not clearly secured by the
courts Of law. The student Of English juris-
prudence will be filed with wonder at the pow
er of the English Chanee!lors, and with admi-
ration Of the wisdom and benehcence with
which that power was generally exercised =
There was hardly q fraud they did not expose,
wrong they did not redress, or right they
did not secure.
And when we reflect that these powers Of
the EagIish Chancellors in all those cases ID
which Law of the United States is Involved
have been conferred upon the Circuit Court OF
the United States, there can be no reasonable
doubt that the court has authority sufficient te
reach the necessity of the case; authority sufi
Gent 10 protect from wrong and outrage every
! public officer appointed and acting under a Law
of the United States as long as he shall be 81
acting and in the faithful discharge of his duty
1t is, therefore, ordered that the defendant
, Nllyson shall no longer assume TO perform the
functions of mayor Of this city under color o.
a void aud unconstitutional act. That defend
ant Euker and his associates of the fictitious
Council shall no longer PLAY their game of pre-
tended authority, and that defendant Poe and
his confederates nc longer impose upon THU
community as lawful police. In the interest o.
peace and of public order the injunction az
prayed for in the complainants order is award
ed
Circuit Judges.
The following are the newly elected Circuit
Judges of this State.
~ NJ IL I.