The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-12-02
The Legislature.

Editors UlSputCh: w Ill the Legislature
dare to meet? is the question that meets
you wherever yon go.
When they declared at first that they had
no right to do so, and presently remember
ing the per diem and 7nitedge-a sum that
the average member bad not earned in
twelve month--t!Iey went back on Them
selves, so to express it.
Have you seen any one paper in the State
except the Wing that sustains their reas-
sembling? I have not. The question is
often asked, Is there no mode OF preventing
it? L understand any citizen may apply to
Judge Wexford, for instance, for man
danaaS, to be served upon Auditor Taylor,
prohibiting him from paying out mileage
and per diem. The case will then be carried
before the Court of Appeals, and no one
can doubt their decision. VIII it be done!
What is evcrybody's business is nobody's,
will be true in this no doubt.
II they assemble will not all they do be
invalid? Will they attempt to elect judges ?
II so, may Heaven defend us from any ma
terial in their own body. GoEGAs.
We used year ago all the arguments that
we could find against the right Of the Gen
eral Assembly to meet this winter. We did
the same two years ago as to its right TO
meet last winter, We mentioned most OF
the arguments which have been employed
recently, and also some others. The two
bodies, however, after considering all that
was said by US, and by Others more COM
potent to throw light upon the subject, de-
cided not merely that they had the right to
meet this winter, but that. the Constitution
required them to do so. The Governor APP
proved their action. This action settles the
question, we think, and will have the effect
to bind all The departments Of the govern
ment. We have no idea that any judge could
be found in Virginia who would undertake
to set aside the decision of the Executive and
the legislative departments Of the Govern
ment upon a question Of this sort. IL the
Legislature were to admit fifty members
not lawfully elected, and to pass law by
one majority in body thus made up, no
court would or could go behind the law to
ascertain whether the Legislature was or
was not properly-constituted one. The
first article in the Consultation after the Bill
OF Rights provides that "the Legislative,
Executive, and Judiciary Departments,
shall be separate and distinct, SO that mel
Their exercise the powers properly belong
ing to either Of the Others" Under this
article all such resolutions as that passed by
the Legislature at its last session, declaring
that the Constitution requires that body to
meet this winter, would be, no more than
waste paper if they were passed for the pllr-
pose OF concluding the courts. That Is to
say, ii the Legislature which will be elected
and will meet in 1879 were to adopt such
q resolution the courts would treat it with
contempt--as If it never had been passed.
They would not allow such an infraction OF
the Constitution to pass unrebuked and un-
punished. The punishment and rebuke
would be the adiudging OF all so-called
laws passed By such Legislature to be mere
nrllities-statutes not simply yoidable, but
absolutely null and void. This, because
there would be no roomfor two opinions on
the subject.
But the case under consideration is not
such "a case at all. Here is abundant room
for two opinions. The constitutional pro-
vision above quoted comes into play
against the courts. The best lawyers in
Virginia differ not as to whether the Gem
erai Assembly could pass q law requiring
that body to meet this winter, nor as to
Whethera Joint resolution Of that body is
binding upon the courts (for there ID no
difference Of opinion amongst them on
these points, but us to w whether the Consti-
tuition itself does or does not require the
General Assembly to meet this winter. So
sse shy the action Of the legislative and
the executive departments will--not abso.
a1lfeiy bind, hnt--aase the effect Of binding
the courts. lhese would NOT n1der.
take 20 adindicate any case that might