The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-03-25


auditor Of public aecounts."
We know Of no. such constitutional re.
sui7ement. So we will dismiss The abovcNs
sheer assumption until the Journal shall
have referred us to the constitutional rropi-
sion upon which 1t is based All that the
Constitution says on this point, SO far as we
know, is as follows:
GA secretary Of the Commonwealth, trea
surer, and auditor OF public accounts Shall
be elected by the Joint vote OF the two
Houses OF the General Assembly. and con-
tlnue in Office for the term OF Two years I'M
less sooner relieved"
The same Constitution provides that these
officers shall continue to hold their offices ai.
ter their terms of service have expired until
their successors have qualified.
Again: The Journal says:
I'm the same manner the Constitution
provides for the appointment Of cHNnty court
Judges by the General Assembly, and i'm
poses the same obligations upon that body to
meet soon enough after the general election
: in November to appoint these judges as to
canvass the vote for Governor, Lieutenant
Governor, &C.
This, too, is mere assumption: or, if it is
not, our neighbor can refer us to the consti-
+, tutionai provision upon which it is based
The Journal must stick to the text. We
suppose that that paper has substituted an
inference Of its own for constitutional pro
vision. Now, as to counting tho vote for
Governor, &c, the Constitution provides
LIST. That the Legislature and the Governor
shall be chosen BY the people at the same
times AID places.
I'd. That the Governor shall 60 into office
on the first day Of January next succeeding
his election. Aud
Sd. That the Legislature shall count the
votes for Governor and declare who has been
elected or, falling an election by the people,
the Legislature shall cleo. Governor.
Now, in order that these three require
ments may DO conn piled with, il is not mere
inference, but aD unavoidable necessity, that
the General Assembly shall meet previous 10
the first day Of January, 1874. BUTT would
be illogica, TO argue from these premises that
the Legislature might not meet in January,
1875. Indeed, it would he in entire harmony
with the provisions under consideration for
the law to provide that the first session Of the
next General Assembly shall commence in
December, 1878, and that the first session oil
! the General Assembly TO be chosen in 1875
shall commence in january, 1876.
AS to the election Of county judges, there
areno such provisions as those we have recited
above, an6 which would create an unavoida-
BILE necessity for electing county judges be-
fore the LIST day of January, 1874. They
may be chosen at the present session OF the
Legislature, or at session which might be
held in December next, or, us to that matter,
after the LIST day Of January, 1874. No one
can say that their election ut any period OF
the next session would not be constitutional,
seeing that the Constitution expressly pro.
vides that the present county judges shall
hold office after their term has expired unit
their successors have qualified. This lasl
provision, the Journal moy rejoin, applies
also to the office Of Governor. Yes; but the
Governor is elected when the Legislature IS
aud his title to the office is derived from the
people, and cannot eonstitutionally be de-
y feated or postponed by a wilful act Of the
Legislature. County judges are to be elected
by the Legislature itself, and at time which
the Constitution has left to the discretion OF
the clecting body. There seems to Us to lie
not only no constitutional requirement that
the county Judges shall be elected before the
list Of January. 1874, but 10 analogy between
their case and that Of the Governor When
ever elected, they 60 into office on the 1st of
= January next afterwards. To make the cases
analogous, the Constitution should name the
day for their election, as it does that for the
election of Governor.
AS to the Auditor, &C., If, as we have
argued above, the next General Assembly
but one may meet first in January, 1876, il
follows that the next election of those Of
fcefs need not take place before the 1st OF
january, 1874.
The Josrnal claims that the present Co.
vernon has no right to commission judges
whose term Of Office will commence after lie
goes out Of office. The commission which
the Governor gives in such cases is mere
certificate. 1t is not in the nature of an ap-
poiRtment to Office. He can constitutionaly
8 I'll all vacancies for which the Constitution
y and laws make no provision; but we do not
1 bold that be could constiiutiorally appoint
and commission an officer to take office on
& the LIST Of January next even should the
Legislature not meet until that day; but
even this is not certain, for it is possible that
I he might have to make such an appointment
in order to prevent injury to the State. But
we viii finish the answer to this point in our
& next paragraph. -,
The journal emphasizes the following:
!. To deny our proposition In this regard
the Legislature and Governor piust hurry
8 up the farce Of hayiDe.t.co SETS of commits
81 stose6 coaatg coart judges at The same time I
VIII any Conservative member of the Gen.
erai Assembly tell us how the commissions
0f these newiy-elected county court Judges
a will run? IN the name Of what Governor
and under whose officiating hand and seal?'
This Is quite amusing. Will the Journal
i tell us who but Governor WALKER could
d commission Judges elected next December
Wofaldnst ne then have the same farce
of 4tHo sets Of commissioned county court
D judges ut The same time Z ::--or, il that paper
{ replies that these Judges might hs com,pis-
faioned after tfe lst Of January by the new
Il