The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-27
[Fcr the Dispatch.l


The late Legislature, by the act of Sd April.
1873, transferred the trial of contested cleo
lions from the county to the circuit courts.
The election of the county officers on the
4tb November, 1873, County treasurer,
sheriff, attorney, &c., occurred after most OF
the regular terms of the circuit courts bad
been held. In one of the counties notice Of
contested elections has been given. The
practical question arises, How and when must
these cases be tried2 And can circuit
Judge hold special term for the trial OF
these cases?
The law authorizing special terms to be
held provides that " if any term OF circuit
court is to end, or has ended, without dis
patching all It's business, or If there be fail.
ure to hold any term" the judge may ap-
point q special term, sc. Code, p. 6I3,
section 29.) o. the judge may appoint a
special term for the trial Of prisoner IN Jail.
(Section 32.)
"At any such special term any civil cause
may be tried which could lawfully have
been but ,Dos not tried at the last proceed
ina term that was or should have been held"
(Section 3S) Motions may be heard and de-
termincd, and chaneory causes heard and de-
termined, by consent.
The contested elections are not included in
any of these classes OF cases. What authority,
then, has judge for appointing a special
term for trial of contested election cases
arising since his last regular term?
Now, let US see what is the practical re-
suit of the legislation Of I'd april, 1878.
BY the Constitution (article 7, section y
all county officers enter upon the duties OF
their offices on the 1st day Of January next
succeeding their election. The Constitution
also provides that all officers shall continue
in office till their successors qualify; and if
the officer fails to qualify before the lst day
of January the office becomes vacant (Acts
1SG9-'70, page 93), and the county judge fills
the vacancy.
Injustice may be done to the voters BY
this apparent or real failure of the Leg isla-
ture to provide for the contingency men
toned. AL
ANSWER.
First, By act o: April 2, 1878, (p. $40 Acts
of Assembly, the judges Of the circuit
courts may fix the time of holding the terms
of their courts.
Secondly, The act of 1870 p. 9Sj means
that if any officer in his ooru uron3 fail TO
qualify. Otherwise it would be unconstitu.
tioual.
Thirdly. If the proper notice Is given the
election may be contested at the spring term
of the circuit court, and the party in office
(who shall have taken office on tue lst OF
january may be ousted if he be found to be
an intruder, or not elected or entitled to the
place.
Fourthly. The act Of Sd of April, 1878,
repeats all acts inconsistent with itself. If
any act, therefore, interposes between the
circuit courts and the hearing Of contested
election cases, as they would have been
heard by the county courts if their jurisdlc-
ton had not been transferred to the circuit
courts, it stands repealed tpso tdcto.
So that in any event zee see no difficulty i'll
elections.
Whilst upon the subject, we will add that
the law requires these contests to be decided
" upon their meritS"; and If any man is de-
priyed Of q seat in the General Assembly, OF
Of an Office upon mere formal points, or be-
cause certificates are not in due form, he
ought 10 contest the election. We hear OF
such cases, and we think they reflect no
credit upon the Conservative party.