Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1875-05-18
A QUESTION FOR THE LEGISLA-
TURE,

TURE.
The unfortunate aud sad occurrence of the
death of Judge PAUL involves the Governor
and the Legislature in very interesting ques-
ton. It is this : Whether or not the latter
body will not have to make special provision
for an election to fill the Sa6aney thus oc>
casioned? According to the Constitution,
Cart. 8, section ID it is provided if va
cancy shall occur in the Supreme Court of
Appeals, from any cause, 'the Governor shall
issue writ of election to fill such vacancy
for tho residue of the term provided that if
the unexpired term be less than two years,
the Governor shall appoint Judge to fill
such vacancy.
Again it is provided in the amendments to
the general election law, (chapter III, De-
cember 50th, 1873, section 4O,) that call
vacancies shall be filed at the general election
nert ensuing after vacancy shall occur"
From this it appears that since the term of
Judge PAUL does not expire until January
LIST, 1881, (more than FIVE years from now
the Governor has no authority to fill the
vacancy by appointment.
And further it appears that that since cali
vacancies must be filed at the general cleo
tion next ensuing after vacancy shall occur, !"
aud since such election does not take place
until October. 1876, this present vacancy can
not be filed for nearly year and a half from
the present time.
Now, it requires all four of the judges to
assent to decision to make it precedent,
and it requires that three shall, at any time,
constitute quorum. So if there is not q
judge elected to fill this vacancy, there can be
no legal precedent established by the decision
oc the court, and if one of the remaining
judges should be compelled by ill health Cor
any other cause) from appearing on the bench,
there can be no quorum present, and conse-
quently no court.
Hence, it is Iplain that very embarrassing
circumstances may arise, and, unless special
provision is made to meet the case, there may
not only be no decision rendered for about
seventeen months by which precedents may be
established, but even it may happen that no
term of the court can be held, and .hinderance
of legal business must necessarily follow
This is question which is of interest to the
public, and which commeuds itself to the care
full consideration of the Legislature which
assemblies in this city on the tenth of Novem-
Der Wheeling Register.
A subsequent issue of tho Register says it
was incorrect in stating that it required all
four Judges of the Supreme Court of Appeals
to assent unanimously, in decision, in order
to establish legal precedent. 1t appears
that majority of the Court, or three of the
Judges are sufficient for this purpose But
the remainder of the article is correct, viz :
That under the existing law there can be no
election to fill the vacancy until the next gem
eral election in October, 1876; Cat which
time two other Judges are to be choseD) that
should any one of the present Judges, mean
while, be iDcapacitated from appearing Cd the
Bench, there can be no Court, and that this
condition must continue unless the Legislature
next Fall shall amend the law SO as to allow
the vacancy to be filed at an earlier date.