The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-03-26
The County Judges.

The County Judges.
The - election ordinance puosss''eo "
,ess .,ony with the new Constitution, con-
ta;ns matter which will clear up 'no 49, .ha
Ties In the way of underestimate WY Wv
fnnsa;,ution provides that county 'uoesa
sna,, 90 into Office on the LIST day OF january
80, sf,er their election, at the same tune
40, q. makes no provision requiring the
Conaral Assembly to meet early enough ID
,nn year Of its election to enable that body to
eIect county judges previous to that t'me.
The Convention which framed the Constr
tuition provided in this election ordinance
that
uThe General Assembly elected under inns
ordinance shall assemble at the capito', IN
the CITY of Richmond. on "Wednesday ole
Gath day Of June, lS6e."
The same ordinance provides that
.Tbe rStatel officers elected ION the "a DAY
If Junel shall enter upon The duties OF Inc
o,Nres for which they are chosen as soon rs
elected and qualified, and shali ho'a
,heir respective Offices for the term OF years
rrcscrihcd bv the Constitution, counting
from the LIST day Of January meet, ana uii'ii
their successors are elected and quaiihed.'
UNDERWOOD. BAYNE, LEWIS LINDSEY, and
the rest of the Radicals in the Convention.
hoping that their party would enjoy all oil
The State offices and all of the judseShipS,
wanted to taste the sweets OF office rs soon rs
possible. and 50 they not only provided for
the early meeting Of the General Assembly
as shown above, but, expecting that body al
once TO install their friends into these Judge
ships. they proceeded also to provide thai
these impccunous friends should hold these
;udceships for months before the lst ofJauu-
ary. and then for so many years, and then till
their SUCCESSORS should be qualified. Here
are extracts from the Constitution:
"Their fall the :judec>'l terms Of Office
shall commence Oh the 1st OF JANUARY next
following their appointment, and they s!N'ii
discharge the duties Of their respective Offices
from their first appointment ana qmlilicl-
ton under this Constitution until thelr,lcrua
begin"
"Judces = shall continue TO discharge
the duties OF their Offices after their terms OF
service have expired until their SUCCESSORS
have qualified"
BAYNE & Co. also provided that the men,
bers of each General Assembly except the
first should be elected bieanially in Novem-
Der.
Now, we see in 1868 the Radical Legis.a-
ture in session. The county judges arc
elected and go into Office. They hold for
three years-tlat is, until December 3ist,
1871. But no Legislature is elected in 1871.
The elections for that body took place in
1870. Now, when shall the next county
judges be elected: Evidently, it was the in-
tenlion that they should he elected by the
General Assembly chosen in 1870, and at the
session ending in March or April, 1871, and
that their next term should commence on
the 1st of January, 1872. The Legislature
was chosen for two years, and the judges for
three years, 50 that the election OF the latter
should be held by the Legislature at its first
session. But the provisions were made gene
raj in their terms-so general that the cicc-
tions may take p ace at the inst session or the
second, and either ten months before or at
the session held after the 1st OF January. II
the present were the first session OF tie eX-
listing General Assembly, no one would ques-
ton its right to elect county judges.
That the intention of the Trainers Of the
Constitution was defeated ITS to having these
judges elected at the first session Of the
General Assembly by delegates fresh from
the people is due to the Tact that General
SCHoFIELD would not allow the programme
laid down by BAYNE& Co. to be carried out.
I l,,f cl
in 1869 whose term of service expired in
1871, and one in 1871 whose term expires
this year whereas the county judges were
elected in 1870, for three years from Jauliary
!, 1871, and thus their term vas made 50 to
end as that it is necessary to elect their sue
cessors at the second session Of the General
Assembly, yet ut the time of the year at
which it was Intended they should be elected.
In other words, now is the time when the
trainers of the Constitution intended county
judges TO be chosen.
Let lis pursue the subject. The circuit
judges will 60 out of Office on the 3lst da!
Of December, 1878. No Legislature will b.
elected in 1878, but one will bc elected il
1877. VIII anybody pretend to say that tina
Legislature cannot constitutionaily elect th'
- circuit judges until December, 1873! ",
do not believe that any respectable lawycl
would hazard such IN opinion. That Lcgis
lature would clearly not only have the right
but it would be its duty to elect tie Circuit
judges at its first session. So that the present
Legislature not only has the right, but it i,
ats duty TO elect the county judges ualcss Il
is disqualified by age. When aay one shal
have the temerity to assert that it is thus dis
qualified, it will be time perhaps 10 luvestt.
gate that question.
JUDGE RIvEs.-Judge RIvES, Of the Fed
eral district court for the western district O