The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-11-11
When Shall the Legislature Meet?

When Shall the Legislature Meet!
We said last spring that there was no snch
thing as postponing the meeting OF the next
General Assembly until tho 1st day OF Janu'
arv next. We said this when many Con-
>crva.lvcs thought It necessary to MAINTAIN
the reverse in order to justify the election OF
county judges by the last Legislature VIC
are confident to-day that the Legislature IS ID
du,r bound to meet in December. Indeed,
we arc not sure but that body Is constitu-
tioraIlv bound to meet even without call
from The Governor. But there can be no
dou5; whatever that it is the Governors
duty 70 call 1t together long enough before
the Is: day of January next to enable II 70
organize, and count the vote for Governor,
and declare who is elected, previously TO that
dav. The State Constitution provides:
.>u7,ox >. The Governor shall be elected
bv :ne voters at the times and places of
choosing members Of the General Assem-
hv. Returns of elections shall be trans
milei under seal by the proper officers to
,hc secretary of the Commonwealth, who
shall deliver them to the Speaker Of the
House of Delegates on the first day OF the
next session of the General Assembly. The
Speaker of the House of Delegates shall,
within one week thereafter, in presence OF
lnaiority of the Senate and House of Dele
-atcS. open the said returns, and the votes
shall then be counted. The person having
tho highest number of votes shall be &C.
clared elected but if two or more shall
have the highest and an equal number OF
votes, one of them shall be chosen Governor
lay the Joint vote Of the two houses OF the
General Assembly. Contested elections lor
Governor shall be decided by like vote,
ard The mode Of proceeding in such cases
shall hc prescribed by law.
"SrcTIo, 8. A Lieutenant Governor shall
hc elected at the same time and for the same
term 4, the Governor, and his qualification
and he manner of his election in all respects
s.!@!i be the same.
SECTION II. The Lieutenant-Gorcrnor
Shalt be president of the Senate, but shall
have TO vote except in case Of an equal dl-
vision; and while acting as such shall re-
ccivc Il compensation equal to that allowed
10 The Speaker Of the House Of Delegates"
The Secretary of the Commonwealth is
bo,lnd to deliver the returns to the Speaker
of the House of Delegates. But the Speaker
must first be elected, and on tho 1st day Of
January next there will be no Speaker I'M
less one be elected after II O'Clock of that
day. Then the Speaker has week In which
to select u day for opening the returns. SO
large fictouS Radical minority might delay
tue organization of the House for week or
two. and Speaker disposed to be trouble
some might delay opening the returns for
SIX days longer. So as to the Lieutenant
Governor. In December LieutenantGov-
crnor MARYE has the right and it is lis duty
to preside over the Senate; but on the LIST
day Of January he ought not to have to pre-
side (,hough he and the Governor, like all
other officers, held Office until their success.
Sors are detected and quali6ed.")
Rut General kEAPBR and Colonel WITH-
ERs have an absolute right to be indicted
into office on the 1st day of January. This
right has accrued to them under the Con-
stitution itself, and cannot be defeated by an
act of Assembly postponlng the time for the
meeting of the Legislature. The Constitu-
ZION clearly contemplates the meeting of the
Legislature in December. 1t is an unavoid-
able implication of the language above
quoted that the Legislature should meet in
December, as it has done from time i'm
memorial. No factious minority and no
Speaker should have power delegated to it
or him by law which the Constitution has
withheld, and the delegation Of which im-
Pile, wrong to individuals and peril to the
Sta;e. 1t is indeed impossible for any sane
man 10 hold that the trainers of the Consti-
tutor did not intend the Legislature to
meet IN December, when they provided that
the votes should be counted and the Govern
or declared elected by the General Assem-
bly,, ana also provided that the Governor
Sho.t.! take Office on the first day
q! Jal;:ary. If there could be any
doub; upon any mans mind after
reading those two provisions, that doubt
wouIa be forced to vanish when he read the
additional provision that in case of tie The
Legislature shall itself choose a Gorernor.
When: Of course, time enough for him to
bike Ii, seat on the day when the Constitu-
ton says he shall take his seat.
Since The Constitution requires the Gene
raj Assembly to meet in December, all other
reasons are unnecessary. But it may be
added that the fact Of meeting in December
need add nothing TO the length Of the ses-
sion. The Legislature may continue in ses-
sion from the day of its meeting in Decem-
Der 10 the day of its adjournment In March
or February. No recesses are necessary.
We trust that Governor WALKER Will give
lie one more session of the Legislature during
his term.