The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-11-18
THE LEGIsLATrvE MIDDLE.


the state has been thrown by the action of
the last General Assembly, in attempting
to postpone its meeting beyond the time in
which it is required by the constitution to
discharge certain most important and inn
perative duties, is not likely to be
cleared up by any additional middle
on the part of The Wing and
Dispatch, which are now at loggerheads
on the subject of converting the Legislature
in advance of the first day of January.
The Wing is brilliant enough to suppose
that the Legislature, whose official exist
ence ceased on the 4th instant, is the one,
if any, to be called together in December,
to canvass the votes for state officers,
elect secretary of the commonwealth, q
treasurer, and auditor of public accounts,
and do variety Of other things, which
can only be done before the first day Of
January by the Legislature last elected,
and the only one that can possibly have
any existence at the. present time.
The members of the House of Dele
gates are elected for two years, and no
longer. The legislature elected on the first
Tuesday after the first Monday of Novem-
Der, 1871, ceased to exist on the fourth in
slant. On that day it went utterly out of ex-
istence, without the ghost Of a legislative
function left. The language of the constitu-
ton is, that ''The House of Delegates shall
be elected biennially." 1t does not provide
for any term of service beyond the two
wears, nor admit Of its existence one mo-
ment after the next biennial election in
November. To elect biennially is to elect
for two years, and no longer. Biennial
legislatures, like biennial plants, effectually
die at the end of two years-have in fact
no determinate life beyond it. This is too
palpable proposition for denial.
What the Constitution does require is
this: That the Legislature elected on
the fourth instant shall convene
early enough in December to effect
its organization, count and declare the vote
for governor, acknowledgement and at
torney general, and elect secretary, trea-
surer and auditor, before The first day Of
January, 1874. The governors term of
office is limited to four years. That Of
Governor Walker ends with the thirty-frst
day of December, f1S73; that of General
Kemper begins with the first day of Janua-
ry, 1874. All executive acts, except the
handing over of the records of the guber-
material Office are to be done on that day
by General Kemper. The time for
the governor and other state Off
GERS to enter upon their official duties,
is fixed by the constitution on the first
day of January, and the duty imposed
upon the Legislature is to take whatever
preliminary steps are necessary to effect
that end.
The question is not what the present
Legislature THAT elected on the fourth
instantly may be able, by its unanimity, tc
do inside of single day. What the con
stitution requires is, that it (all legislatures
shall meet early enough in December to
open The returns in the presence
Of majority of the Senate and House
Of Delegates, count the votes 70,
governor, and declare the person having
the highest number of votes elected. This
work cannot be done by Mr.. Bigger in ad.
vance of the meeting Of the General As
sembly, nor can that body do it until it is
fully organized and ready for business
Not mfrequently it takes several days to
effect an organization, and this time should
be included in the constitutional estimate, in
determining how soon after the election in
November the Legislature should DO requir-
ed by law to meet. The joint resolution
postponmg its meeting until the first day
Of January-the time when all the state
officers are required to enter upon their
dutes-renders it impossible for the Gen
eral Assembly to discharge the prelimi-
nary duties required Of it; and, hence, the
action of the last General Assembly is null
and void. Ad inpossibilia memo obhgatr.
This is proposition older than constitu.
tional law itself, and is as true in legal as
moral ethics.
if any Legislature meets in December, il
must be the nep and not the old one, the
one now absolutely .tuactus obicio, o.
deader than shotten herring. 1t alst
now agrees with us that the Legislature
must meet early enough in December to Dc
what is constitutionally required at its
hands. In other words, it has taken thu
two most important positions LAID down BY
US last March, in the discussion we thel
had with our contemporaries on the con
stitutionality of the law in question.
should now go step further, and declare
the election Of the eighty-odd county
court judges by the last General Assem-
bly,, and the commissions they hold from
Governor Walker, to be absolute utilities
and demand their reelection by the presen
Eaparal ccanh1u and tba;,