The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-08-23
, snrportaut Decision by the court court Oh
Appeals OF West Virginia.
fl,n WheRlinR lntnllipnnCer.l


The Court Of Appeals announced Its de-
c,sion Saturday in the case that grew out OF
fho removal of the county-seat Of Jefferson
from Shephcrdstown to Charlestown, under
an act OF the Legislature passed last winter.
The case has been heretofore explained In
our columns, and we presume those .ol our
readers who take an interest in 1t arc fa-
miliar with it. The removal was resisted
on the ground that the act was invalid; and
it was claimed to be invalid because passed
In the Senate by one less than majority OF
full Scnate-thc constitutional require
ment being that "no bill shall be passed
by either branch without the affirmative
vote Of n majority of the members elected
thereto" A full Senate is 90, q majority OF
which Ia u. There being one vacancy, tue
number holding seats was reduced to q;
A majority OF this number is IL. The bill
received IL; affirmative votes, and WIS do
clared by the President OF the Senate to be
passed. ST.. .... ~ . :. - ~
The court decides that the bill thus
passed is valid and the decision Is based
on the ground that when the Constitution
speaks of ga majority of the members
elected to the Legislature it means ma
iority of those holding seats when the, vote
is taken, excluding representative districts
or constituencies in which there may he va
caucies. The decision Is that the number
of the legislative body. n minority whereof
must concur to make law, Is reduced by
the occurrence of temporary vacancies
and that legislation may tranSpire when
parts of the State arc unrcprcsented. with
out the llnrepresented people being counted
for or against the measures passed. Here
tofore, it being held that the affirmation OF
O majority of the whole people as repre-
sentcd i'm the Legislature was required to
enact n law, all absent or unrcpresented
were counted IN the negative. That is The
effect of recurring Il ma iority of the whole.
and it has generally been deemed 4 vital
protective of principle of popular repre-
sentation. Under this decision the un-
represented are left out of the count alto
gether.
The case decided is of local and little con-
sequence in itself. The principle cnuncia-
ted is important and calE.ble of extensive
application. 1t being decided that the leg
isIativc body requisite for enactment is re-
drccd by a temporary vacancy, it follows
that it maybe further reduced by addition
al vacancies. There can be no limit to the
application of The principle till the margin
of O quorum is reached. "A majority OF
each branch is Il quorum. AS heretofore
understood this would be twenty-nine in
the House and twelve in the Senate. Un-
der this decision, with this understandings of
a Quorum, there might he twenty-sevcn va
cancics in the House and Icnin the Senate,
by concerted resignation or otherwise,
while those who remained, bcingaquorum,
could 90 on and lay taxes, disbursc the
revenues, impose military duty, and per
form every other act of the legislative pow.
er, though representing little over fourth
of the State!
But this decision unSettlcs the matter oil
a quorum, about which, like the cnactlng
| majority, there has not heretofore been
any question. {" n majority of each branch
shall constitute II quorum" the language
| of the Constitution. What Is that major.
itv? That depends on what is the body
| The court decides that the legislative body
consists Of those who hold seats at an!
| given time, excluding vacant seats from the
scouut. TO reduce the body. and lessen the
| majority" accordingly, it is only necessary
| to increase the. v;lcauccs. We have seer
heretofore that this may be done till the
| limit of Il quorum is reached. But we FIND
| that Il quorum itself is Il sliding and uncer
| tain number; because since "a majority o
| the members elected to each branch means
| only 4 majority OF those holding seats a
| any given time, we dare not assume thai
"a majority of each branch" can mean any
| greater number. ItfolloWs that us Il body
| is reduced by the creation Of vacancies. th(
| quorum goes down pdrt pdSSu. If there
were but three members holding seats, I'm
| der this decision two Of them would WielC
| the legislative power of the whole body.