Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-10-06
COMMUNICATED.

There seems to be great diversity of opinion
in relation to the eligibility of the gentleman, |.
T.. O'Neal, who was lately placed in nomlna.
ton by convention for seat in the ensuing
Legislature OF the State Of Virginia, because OF
the fact that he is now the Sheriff Of the county
of Alexandria, Virginia, and that his term OF
Office as Sheriff will not expire until the lst
day of January next. That this diversity of
opinion may be harmonzed, attention is re-
specltully asked to the consideration of the fol-
lowing extracts from the law Of the State:
1St The Constitution, Article 3, Sec. 3
AIl elections shall be by ballot, and all persons
euttled to vote shall be eligible to any office
within the gift Of the people, except as restrict
ed in this Constitution
3D.. Article VII. Sec. l of the Constitution
Of the State provides that there shall be elected
by the qualified voters of the county one Sheriff
= ''AH regular elections for county
officers shall be held ON the first Tuesday after
the first Monday in November, aud all officers
elected or appointed under this provision shall
enter upon the duties Of their offices on the
| first day Of January next succeeding their cleo
ton, and shall hold their respective Offices for
| the term of years
| Mr.. O'Neil was elected Sheriff of Alexandria
county at the election held on the first Tuesday
after the first Monday 10 November, 1870, in
pursuance of the foregoing Article OF the Con-
stitutlon Of the State and the 18th Section OF
the Act of the Legislature approved May llth,
| 1870. That on the first day of January, 1871
having previously complied with the require
ments Of the law, he entered upon the dis
charge OF the duties as such Sheriff, and will
cease to be Sheriff Of Alexandria county on
the first day Of January 1874 unless success
sor Is duly elected ana qualified IN the interim.
3D. Article VII, Sec. Of the Constitution
of the State provides that ''Sheritfs shall hold
no other Office, They may be required by law
to renew their security, and in default OF 81
doing their Offices shall be declared vacant.
Counties shall never be made responsible tor
the acts of the Sheritfs. y
Then, as shown, Mr.. o Nes term of Office
as Sheriff will expire on the first day OF Janu-
airy next. II it shall be the pleasure OF the
voters to elect him to the Office for which he
has been nominated, viz: a seat 10 the next
House Of Delegates for the State, which con-
veues iu the city of Richmond on the first day
Of January, 1874 as prescribed by Act of the
| General Assembly in force March Goth, 1873,
(See Sessions Acts 1928, page PA, then
| he will unquestionably be entitled without let
| or hindcrance legally to take his seat.
The diversity Or Opinion hcrein referred 10
seems to have been Induced Ivy the belief that
the 30th Section of Article 6 Of the Constitu-
ton, adopted for the State on the 18th Of April,
1864, was Incorporated III the present Consrtu-
ton, which provided that, mo persons elected
for two successive terms to the Office of Sheriff
shall be re-clligible to the same office Tor the
| next succeeding term, nor shall he during his
term OF service or within one year thereafter
be eligible to any political office. See Sessions
| Acts lSGG6I, page 10. y.