The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-22
SATURDAY EvEN'G, MARCH %, 1873
IAN Unforeseen contingency"

The Dispatch has just discovered that
there can be "no such thing as postpone
ment Of meeting of the next General
Assembly until January, 1874" and
accordingly speaks of the constitutional
obstacle in the way of carrying out the
Conservative programme of electing the
County Judges in advance Of the time
at which the constitution provides for
their appointment as ian unforeseen
contingency When this question was
first mooted in our legislative circles,
we pointed out the constitutional
barrier in the way Of such programme,
and supposed it would be the end
of any partisan attempt of the kind. But
it seems that the Conservatives were
apprehensiyc that the power to APP
point these judges might slip through
their fingers, if the duty of making their
appointment should devolve, as re-
,qaired by the constitution, upon thenext
General Assembly; and as the constitu-
ton does not fix the precise day on which
the General Assembly shall convene, the
Conservatives conceived the very sharp
idea of changing the meetings of that body
from the first Wednesday in December 10
lie first day of January, in order %
carry out their little Judicial pro-
gramme, since the constitution provides
that the terms of Office for these Judges
shall commence on the first day of Janu-
ary next following their appointment.
Now, there are several insuperable bar
riers to this nice little programme, of the
Conservatives. The constitution not only
requires that the Governor shall be elected
at the same times and places as the mem
bers of the General Assembly, but that
the members Of that body shall open
the returns, in the presence Of majority
Of the Senate and House of Delegates, and
count the votes for Governor, and declare
the person having the highest number of
votes elected. This must be done, not
only in the case Of the Governor, but If the
other state officers elected by the people.
II must be done, too, before the first
day of January after the general cleo
ton. This requires that the Senators
and Delegates elected every four years, shall
assemble soon enough after the November
election to organize both Houses, and be
fully in readiness to canvass the votes for
Governor, Lieutenant Governor, &c. and far
enough in advance of the first day of Jan
nary to enable the Governor and other
state officers to enter upon their respective
duties, as provided by the constitution,
upon the precise day named. 1t
also requires that the General As
senbly shall, previous to the first
day of january, every two years, elect
by joint vote of the two Houses a Sec
rotary of the Commonw ealth, Treasurer,
and an Auditor OF Public Accounts. In
the same manner, the constitution provides
for the appointment of county court judges
by the General Assembly, and imposes
the same obligations upon that body to
meet soon enough after the general election
IN November to appoint these Judges as to
canvass the cotc for Governor, Lieutenant
Governor, &c. o.7A .
If the Legislature can constitutionally
shirk the one duty, it can shirk the other.
The constitution presupposes that this duty
will be faithfully done that no Legislature
would attempt to block the wheels of gov
eminent by refusing to convene in season
to discharge the constitutional obligations
imposed upon it. The organic law is as
mandatory in regard to the county
court judges as in regard to Che
Governor, and if the present Legislature
can appoint them, a can hold ooer after
next November, receioe the returns of he
November election, and count the Governor
elect out or in, as IL suits their vhim or
caprice to dose. We have no hesitation in
saying that the election of the county
court judges by the present General
Assembly is the broadest sort of legis-
lative farce that there is no more consti-
tutlonal warrant for it than to elect q
Secretary, Treasurer, or Auditor for the
'' WV J~''io oi'Si tlC eAplIdtiOU Oh lne
terms OF the present incumbents. The
proposition is not only revolutionary but
subyersive of all government.
What business will Governor Wal.
ker have to commission judicial officers for
a term that does not even touch that of his
own Official existence? The judges elected
to enter upon their judicial existence Oh the
first day of january, 1874, must be COM
missioned by the Governor of the State,
an hni'ae, as well as IN non,ine. Their
commissions must bear date of that dav-
ut the threshold Of their official existence
as well as in the name of the Governor of
the Commonwealth on that day. Will
the present Executive of the state assume
to commission these judges as of the first
day of January, 1874? We think rot.
1t would be too fragrant stretch of
authority for any executive officer to under
take, even in the maddest moments of
partisan animosity and strife.
10 deny our proposition in this regard .
the Legislature and Governor must hurry
up the farce Of having tho sets of commits.
stoned county court Judges al The same