The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-26
WEDNESDAY, EvEN'G, MARCH 90.
"County Judges and the Constifu-
tiOn.s


ton that the present Legislature has exceed
ed its constitutional authority in going, as it
has done, into an election of county court
judges although it admits that its MEM
bers have been ''guilty of carelessness
which would be inexcusab!e under other |
circumstances" in postponing the meeting
of the next General Assembly until
the first day Of January. 1874. Now, we
had supposed, from the debates by the
leading Conservative lawyers in the Legis-
lature-those whom The Dispatch regards
as first class y lawy ers-that the whole
question hinged on this identical postpone
ment of the next General Assembly from
the first Wednesday in December until the
first day Of January. In the arguments
to which we 81 have listened, AS
we'll as III the partisan appeals
made to carry this pet measure of
the Conservatives through the House,
these first CLASP lawyers urged the neces-
sty OF making the future sessions OF the
Legislature commence on the first day OF
January, instead Of the first Wednesday
in December. 1t seemed to be taken for
granted that the duty Of electing these
Judges would devolve upon the next Gene
raj Assembly instead of the present one,
if this postponement were not made.
The Dispatch has q perfect chronic in
trinity at positive and peremptory denial.
1t goes on to deny one statement after an
other of ours, and then to repeat them
substantially as its own, as if it were as
, much of changeling as the celebrated
Vicar of Bray. 1t denies that the consti-
tuition requires the General Assembly,
every two years, to elect by joint ballot
and previous to the first day Of January, a
secretary Of the commonwealth, q treasur-
er, and an auditor Of public accounts. 1t
might as well deny the existence of these
several officers under the organic law Of the
state. Section twelve of the fourth article
of the constitution says:
"a secretary of the commonwealth, a tfeasur-
or, and auditor OF public accounts, shall be
elected by the joint vote OF the two houses of the
General Assembly, and continue in office for the
term of two years, unless sooner relieved"
1t is true that the constitution does not
say that these officers shall be elected be
fore the first day of January, nor does it
say that the votes for Governor shall be
opened and counted before that day but
it makes it necessary that both acts should
be done in order to avoid an inteIregnum in,
or an actual cessation of, government.
The Governors term of office is limited to
four years that of the other officers
named to two years. Both enter upon
their duties on the first day of January
next after their election; and, hence. both
are placed in the same constitutional and
categorical dilemma by this extra-constitu-
tional and revolutionary action of the pre-.
sent General Assembly.
When we said. therefore, that the con.
stitution required that the General As
sembly should, previous to the first day
of January, every two years, elect, by
the joint vote of the two houses, sec.
rotary, treasurer, and auditor, we said
precisely what the constitution does re.
qnire, as every lawyer, with half legal
eye in his head, must see at a glance
The Dispatches admission in regard to
the ''inexcusable legal carelessncss'i
about the Governor, is as fatal to
one horn of its dilemma as the
other. The constitution as impera
lively demands the appointment of these
subordinate state officers, within the time
specified, as it does that the votes for Gov
ernor shall be opened and counted within
that time. A failure in either case would
involve cessation of governmental func
tons, as there is no provision in the consti
tuition that these officers shall hold over by
reason of a failure to elect or appoint
The right to hold over is only provided
Tor in the event of the election or appoint
ment of SUCCESSORS, and Their failure 4
quality.
The Dispatch also characterizes our 20
sition in regard to the county court Judge
as mere assumption, and intimate
that we have substituted an inference 0
our own for a constitutional provision
We do not know how long the editor of TIL
Dispatch has resided in Virginia, and will
therefore, make no fling about "limite
residence" We regard no man as being an
better or worse for residing in the Old do
minion, except as he may have neglected or
portunities while residing here, of improyin
himself according to his position and call
M. We have certainly resided here lon
enough to read the constitution Of tn
state, and give some little study to its pre-
visions, which is more than The Dispatc
can say of some Of its " first class +" law
yers in the General Assembly. Wit
these slight advantages of residence, by n
means insinuated as approaching, in valu,
those of our veteran neighbor, we will a.
sumo the following propositions to be col
additionally sound on the " RESIDENT,
goose:p
lst. That the constitution fixes the tern
Of Office for the county court Judges at s.
years.
2nd. That their terms of office must con
mence on the first day Of January ne.
following their appointment.
3rd. That the first day Of January ne,
N the time for ithaca caxann;oll.,