Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1871-04-25
THE JEFFERSON COUNTY CASE.
[FrOm the WaseIug Reri..er.i

gEToui ene H.ueehuE heEAter.l
We have read very "a eiuiiy bath Judge
Halls elaborate decision IN the Jefferson
county case aud the I"EelI,gs"cer's Supplements
thereto. aud strange us II may appear, tho
uni ed brIlliauee Ut there two lumiuaTIes of thu
law rs not quite sufficient to Convince Us that
eleven Is not majority of tweniy.uue II Is
scarcely complimentary TO the learning of the
Judge to mud the editor of the LaieiI.yenccr as
siSIns aud strengthening the decIsiun, but
the editor thinks aud rays that his own view
OF the case Is 1.-The strongest" aud We would
do nm injustice II We failed To couple his ar
gunient with that of his Judicial kinsman and
friend. Both arguments are based upuu the
same taise assumption aud both contain the
same fatal defect.
IL Is matter of common history. known to
tho editor 1t not 70 the Judge, that nj the
tIuIe OF the passage by the Senate uf the act
restoring the county seat Of Jeffersmn county
to ChaTIeS'Own, vacancy in the Senate had
been created 10y the resignation of Senator
JOHNSON. Judge HALL says, lit does not
very satisfactorily appear whether Senator
JOHNSON, AT the time III q question: had, or had
not, ceased to be n member of the Senate
but everybody who preteuds to even tocrabIe
acquaintance with State Affairs knows that at
that time Mr.. JOHNSON had ''ceased to be d
member OF the Seuate," his formal re,irnn,
ton having been Pre.euted, accepted aud AN
nOunced. Ii Is also known except hy u
Judge who Ia not expected to know anything.
that no election had been made to ill the
vacancy thus created. and that the number Of
members Of the Senate elected thereto" had
thereby been reduced to twenty one Eleven
memGers of the Senate, n majority of the
members who were at that time ''c!ecred
there o, voted ufiirmativcly upon the passage
Of tue act, which was thereuvon duly pros
claimed.
When the Constitution of West Virginia
was framed, u number OF the counties that il
was proposed to incorporate into the new
State we've within the lIues of the Confederate
army. IL was not known whether OF not the
people Vt Those counties desired To tie eu-
GTHceu III the limits of West Virginia. or To
be represented III the new Legislature. The
Constitution was, however, so framed as to
entIIIe them TO representation. if they chose
to elect representatives, but the clause was 50
expressed AS to prevent those who did elect
members Of the Legislature from being ham.
PeEed 10y those who did not. 1t was with
thls Intention aud understanding that while
the number OF Senators WAS Fixed at twenty.
two, II was only necessary Tor The passage al
b II that 1t receive the affirmative vote Of a
majority of the members '.eec ed thereto "
lu'ontIOnpl or unavoidable failure Of lie rco
pie TO elect representatives. those vacant seats
could not be counted among the numher of
which II was necessary to have "a ulsi ,r.rv -
IT different rule had been intended; # the
determination had been that no less than
Twelve votes should constitute "a muiurity ct
the Senute, II wound have heGu 80 expressed
lwcuiy'lwO beng fixed as the number Il
Se"ni"rs, the constitution would have declar-
ed, with like precision. that twelve slnud b,.
the lowest limit vi Il majority. But the fact
that the organic law steaks only az u mai ,rI.v
oil the members elected To the I.c.i~!a;urt
shows that, 10y the manifest intention of the
law less humber ;Lan Twelve IN the Senate
might lie Constitutional majority. in case
one ar more s.rIciS hai lsII-! Ia elect
Aud precisely ti'e same Interpretation must
be gwen I" The law when IA vucaucy occur- hv
either death ar Resignation Ii.d Senator
JOHNSON died uTuug the Session at tho.
Senate last winter, thc number at members
elected thereto would have been reduced
TO twcuIy "ne, until hIs successor had been
CHOSEN. The same result upon the nun Der
Ut the SENATORS. followed his rcSi.nafirn Ii
not IT the number Of menipr:s OF the SENATE
"e.ected tlere'U rcma ed aEcr Mr.. JuuY.
son iCsIruatiun the saiilC a. before suruISe
that u special e!ccGium had been held in.nIc-
dIaIeiy {" I'll the place Of the Senator from
the ruth DsiricI IrDUH nat tie HunIGer L1re
LceE mcTc"scd Ia ircnfy.Mrcc! II the mum.
her had nut been diminished 10y resignation.
the new election Certainly has produced an
Unconstitutional increase Ii two Senators
had resigned aud their places been flied by
special election, the whole number Of member,
vi the Senate elected thereto" would be in,
creased To- twenty four IL six had resigned or
failed To quality. aud new elections had been
held, the number would I've increased t.
twenty eight, and fifteen affirmative votes
w"u!d he required to pass bill. because
Judge HALL and the LieI,gencsy hold that
the original EUmucr, twenty two. was not
diminished by the resignation of the two or
OF Tie six. To this absuIdi'y does the decision
OF the Judge inevitably lead.
We have viewed this question simply as
one OF common sense and plain English and
have not cared to resort To any of the nys-
ticisms or subrleties of the law. We have
quoted no wise saws or modern instances -
but legal decisions aud The opinions Of MANY
prominent. lawyers IN this State aud else where
sustain the position we have taken. In Charles
ton last winter, the most eminent LAWYERS
IN the State were consulted in reference 10
the matter and sustained the ruling of the
President of the Senate. That IN appninted
Judge has decided in violation of a rI,iuIv
expressed provision at the Constitution ui the
State, Is M new phenomenon III the history
OF West Virginia. Our people have learned
to Look upon judicial decisions from such
sources as attordIug preSumptive evidence of
error. aud confirming sensible men in the
opposite view. And they need no better il.
Iuotrafion OF how costly it il 10 have ..i.,.
norance or dishonesty in high places" than is
Afforded hy this aud other so-calcd drcisiuns;