The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-05-19
FiII,nS ;ne Vacancy in aJudSship OF
The Court OF Appeals,

7 Editors bl lllc IN54Nt'i'
The 18th section of the Sth article Of
the Constitution provides that IF Il va
cancv shall occur in said Court meaning
the Supreme Court Of Appeals from any
cause, the Governor shall issue his writ
OF election 10 Ill such vacancy for the
residue of the term. Provided, that II
the uncxpjrcd term be less than two
wears, the Governor shall appoint Judge
10 fill such vacancy
1t seems that this i the only case in
which IA writ OF election by the Cover
nor is required by the Constitution to be
issued to fill the vacancy in the office.
The last sentence of the 18th section of
the 4th article reads: when vacancies
occur prior to any general election, they
shall be filed 10y appointment IN such
manner rs may he prescribed herein, or
by general law, which appointments
Shall expire at such time after the next
general election rs the person 50
elected 10 fiji such vacancy,
shall he qualified. BY an at passed and
approved on the 10Th of November. 1913,
il Is provided that when q vacancy shall.
occur in the office ol Judge OF the
Supreme Court Of Appeals, the Governor
shall issue hi, writ of election 10 I'LL such
vacancy for the residue Of the term; pro
vidcd that if the uncNpircd term be less
than two wears. the Governor shall APP
point II Judge to ill such vacancy
Judge PAUL having more than two
wears to serve ut the time Of his death,
there is no law for filling the vacancy.
The 9th section Of the 18th article, only
authorizes the Governor to fill vacancies
in Office, .not c'ectjcc.
The legislature must have come to the
conclusion. 10y the repeal Of the act pass
ed the llth of April, 1878, which author
lied the Governor to fix time for the
election of Judge Of the Court Of APP.
pcals in case Of a racGucN that
the act was unconstitutional or
that the legislature had no
power to pass such law. When We
come to consider the two sections of the
Constitution, which we have quoted, to
wit: the 9TH section of the Sth Article,
and the latter clause of the 18th section of
the 4th Article We agree that there
NAV bee in the minds Of some, room for
doubt. Why does the Constitution re-
quirc, in case of vacancy IN the ollce
of Judge otthe supreme Court OF Appeals,
the Governor to issue his wit of election,
To ill such vacancy, and not require 1t III
any other cast? Was it intended by the
trainers OF the Constitution, that there
never should be filling ot that office by
aDyOiAtmeutP We think not. Suppose
ali the Judges of that court had died on
the same dav that Judge Pas i did, is it
50. that we would have no Court Of APP
pculs, until the general election in De-
tobrr. 1876?
The true meaning of this Sec
ton of the Constitution is, that
the governor is required to issue his writ
of election TO till vacancies in the office
of Judge of the Court of Appeals at the
time OF the general election, when such
uncNpirrd terms exceed two years.
The 7th section of the +th article of
the Constitution gives authority to the
legislature to provide 5y QsnerGt ia1o for
filing vacancies isuch Us that ocCaSiOned
by the death OF Judge PaullJ by appoint
mrut by the Governor; and which APP
pointmrnt by the letter Of the Constitu-
lion expires at such time after the next
general election, as the person so elected
TO fill such vacancy shall be qualified
The first act of the legislature at lis
next meeting should bc the passage Of II
general law, authorizing the Governor to
fill by appointment, vacancies, both III
the offices of Judges ofthc Court of APP
pculs and Circuit Courts. LEWIS.
IDrH 2OH, 1873.