The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-03-28
8ullnll[olld lspI'al'ttlf'.
The County Judges.

. elect county Judges ~ ITO l'' a.,
-, h,po confined ourselves strictly 10 tut
ar,,,ment We arc trying to elicit the trat"
,ye write with the knowledge that our afti-
.,,cs are 10 be read by lawyers, ana tnerc
sore. if for no better reason, say nothing
Il which we would be ashamed to say III
court.h ,use with Judge upon the bench
snd lawyer on the other side ready to avail
himself Of every blGnder which We might
make. We aSk the editor oi'the State Jour-
,,ai to follow us into court lin imagination),
and then to look at his arguments and Judge
Tor himself whether or not they woad stand
for moment beforc-Judge MoNCURE, for
instance.
The Constitution docs not say thatihe cap
itol officers shall be elected at any particular
time. The time is left to the discretion Of
the Legislature. That instrument requires
them to he elected for two years, just as the
Federal Constitution requires United States
senator's TO he elected for six years. Now.
from the foundation OF the Government ~!
to this decade, senators were elected at wha,'
ever time the Legislature chose sometime,
one month, sometimes two, aud sometimes
more than twelve months before the 4th OF
March OH which, their term commenced
Congress q few years ago passed law fiX!02
the time for senatorial elections. But even
previously the Senate never excluded man
because he was elected too long before his
term commenced. It could not exclude
,f,,ts had
left the time Of eicct:1g senators to
the discretion Of the Legislature. So IL
the case before US. The State Constitution
does no. say entca the capitol officers shall
be elected, nor that they shall be elected once
in two years, but that, once elected, they
shall continue in Office two years unless
sooner relieved. The language is copied
from the Code Of Virginia, and had Il we'll.
understood meaning long before the Conven-
ton which framed the existing Constitution
was held. IL was used with the fTtl knowl-
edge that it lett the timc Of election to the
discretion Of the Legislature.
The Constitution docs not require the
capitol officers TO enter upon their duties on
the LIST Of January. This, too, is matter
left to The discretion Of the Legislature. The
law--that is, the Legislature itse!f-fXcS tue
day. So it is not only absurd to say that the
Legislature is required by the Constitution
., o,.ct ,b,,e oG;'e,s n, my n,rt;c,,i,r timc,
bu. il ;s an .tt.nnt 10 arcne . Question of
foc, Tho Constitution either docs mr. does
NOT contain sucb nroyisiop We saw il docs
.n. proa,co tho ,rov;.;on # II i in rho
,,ons.;t,,,;ou no,'t trv n ,rc,,e i into ox-
.o... :.
&c '0'' ""' '''''
rcnvcs b mf t shevd Svcs
to lhe iirst aay Of Jannary every two years. sGct'
Treasurer aud auditor, we said precisely what the
a legal eye in his head must see at a glance the
~ Ion us "ela c,s inc tc
time specified, does that the votes for Governor
sa;inro M riiher n rs.e Would invoVc Cessation ST
governmental function as there Is no provision IN
reason Of failure to eject or appoint. The right to
election OF epp4lnmcnt Of successors, and their
s'''@'etc 7""V9'" .-
E4ery statement III INC ABOVE paragraph y
SIMPLY ih'sta"e Nu''iesS' ihoeeu' Tue Jo""ot
nas huge joke III reserve ana means TO tcii
us tna' any Gay III INC year 1915 Is one " pre-
Nious 10 Tue iifst gay OF january heN'S
Ane CohS'''u''on co'itai''S no SUCH require
.i'en'S' .'',u'o " esc's heA' peceliioer
III '"o ef'.. " LUG e'i'i'o' oi''S.'s '.i'o''v'
NV n'"o" ~ eo' - ''l,'en'''' - .o"e''on'
W WY N.s"l =. ~" ~" " :. w. ~. ~
es''ai! ~ w %. NV % i'o' .'''. =, ~.
may decl,re bv law that These officers /" shall,
ui'9 oeei''o oS 1t" Vhso luoso oinoo'' Sn''i'
hold over by reason of a failure to elect or
alpolnt." Oh the ON OF March, lS'o,a Ia"
was approved by Governor WALKER winch
provided That, excepting the Governor, Lieu
tenant-GoVerlor, Attorney-deIefal, anu
members oil the Legislature, all officers then
IN office, whether elected by the people OF
appointed ny 'ne military OF "hat no''
h's.. ol' ee.'al' eol'u''o''s io,sialh III ol''ce
..h,l' 'uU'i SUCCESSORS were e'ec'ro anu guar
hou. ni' III" 'nc H"lHeh'c oo"i' u AF'
1e''s uee'ueo " W cois''tu''ohm. il TIC
legislature 'ouio 'hen mus continue IN
oihee Jouse erpoih'eo ny tue military II
cah NOW SO continue IN ONCE an auditor
ie'tea W "so" anu tiie Legislature can
CONSTITUTIONAL! oo 'nls' II Is absurd to say
'u"t ene CONSTITUTION requires IL 10 do other.
WISE. Il 'l'e '0"'"os WISHES 10 kho" where
eue Legislature gers the power to give Tho
HpHol omcers the fright TO hold over" it
enc hnr ts 81 .,ttr -