The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1875-09-22
Written tor the Daily Register
STATE POLETlIS.
ARTICLE, No. |.

There are several matters of public
concern which ought to be discussed in
the papers before the Legislature meets
IN November, because, il attention be
directed to them, the people will advise
their representatives, Is To what shall be
done. We propose in a series of articles,
to consider certain subjects which are Of
paramount Importance.
THE LEGISLATURE MUST PROVIDE FOR
THE VACANCY On THE SUPREME
BENCH.
There j. IL controversy rs to whether
the Legislature las authority to provide
Tor filling this vacancy.
\ Supreme Court Judge is chosen for
twelve wears. The Constitution centcm.
plates the election OF one lor two judges
every fourth year. There is to be Il gen
crul election every two years, and every
fourth wear, We are to elect State officers
including one or two judges.
10 effect this design, it was ordained
that two O! the judges, chosen at the first
election under the Constitution,
should hold the office tour Wears;
one eight and one twelve years,
and that in future. except when elected
:, f,l.u vacancy, nil Judges should be
chosen f,r twelve wears. But Judge
u,v die soon after his election, and leave
AN uncNpircd term often or eleven years.
Such loug vacancy must be filled.
Bearing these facts in mind, We aatu-
rally expect the constitution to provide
When vacancy occurs on the Supreme
Bench. !. the uncXpirad term be less than
Two vrars. the Governor shall appoint:
but II sal term exceed two years, then Il
ind, shall tr appointed in such manner
-, may be prescribed by general law, to
serve until the ensuing general election,
,t which election the vacancy shall be
fIcl by ,ac people.
If th" constitution does not 90 th'''
them. either vacancy must continue
until the term has expired, In the ~
stance before Us about six years or else
the Governor must order special elec
ton. VIZ: an election at an unusual time,
Tor the single purpose of selecting Judge.
1t 5 obvious that both of those alicrna-
tivc% are equally t. be avoided. SUCH 1"
lpug vacancy would be OF inca.culao!e
Inconvenience ard perhaps be the occa'
sion of irrrParabI" disaster Ana
special election for Judge OF the
supreme Court, would iail I" call Out 'he
vote; exciting no interest II would 90 oE
default, and result in the selection 81 some
political trickStcr, lShOranI Oh IA" All"
un~rrthv of the position.
The constitution in regard to this mat
ter Is not a. pcrSpicuous n it should be,
and the phrascoogy is not so happy as
we might wish, but wethink enough may
be extracted from the two clauses which
bear directly upon this subject, to remove
all doubt and difficulty, for we find the
rrrcisc provision that we have already
indir,tcd a. the one we should naturally
eynrr,.
We must examine two sections Of the
constitution.
ART. ": SEC. :. The general election
shall he held in October The terms of
officers. not elected or appointed to fill a
vacancy, shall begin on the nrst ual Oh
.Ionu.ry next succeeding their election.
Elections to ill vacancies shall be for the
uncypircd term. When vacancies occur
prior 10 any general election, they shall
be- filled by appointments in sWch man
ncr as may be prescribed herein, or by,
general law, which appointments shall
expire ut such time after the next general
election, rs the person so elected to III
such vacancy may be qualified.
The last sentence of this section Is
very unguarded. "Whcn vacancies &C.
cur prior To any general election, they
shall be filled by appointments ws .
appointments sH"'' 'NP'' d. sum ''. ~
after the next general election as m m
Perso" 50 C'.cff, 10 ~. sue" [ar"";g SnH M
be qnaIih"d. Now T,'l'e .n'r .r T. =" ~, ro
G''''' II ~, d. 80 on oIac.
vacancy must occur prior % al e.tt,
tlon, ana '"'> Gnu, ",, .l;,h ', ,'or,J oy
mean, that vacancy Mn',n "Hu'u .r w,
tend beyond the NEXT ''r''''" We "'''"
by appointment u''''' S.'," ..uI,;on ~, ,b;s
If this be the tru' co s'ruc'''n "l ' G
section, then Inc N'"o'''"''o'' mas W
clared: -, ,.,.,,,;o. .h.1,
l. That '.fc''o.S TO MI '", =. ''' '''''