The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-11-28
A Tangled legislature.

The Richmond State, in an elaborate ar
ticle, argues that the Legislature, under the
amendments to the State Constitution. has
no legal right to meet in December, and
that the only way it can be convened is by
the call of the Governor for an extra ses.
sion. With not so mnch clearness or care
we presented this conclusion some time
since. Ii the amendments to the CoDstitu-
ton do not inhibit the meeting OF the Leg
islature in December, as its regular session,
then the present Legislature is an illegal
body, and the election of the members of
Congress on the 9Th inst, null and voil.--
The present Legislature was elected under
the provisions Of the amended Cons titution,
and if it was right that they should operate
a year ago, it is right that they should ope-
rate now. The amendment providing that
the prepayment of the poll tax was an es-
sential and Indispensable precedent to the
exercise of the elective franchise, was en-
forced in 1877, and the present Legislature
elected by the popular vote so restricted.
The amendments were adopted as whole,
each amendatory clause Of simultaneous
dignity with every other, with no provision
for discrimination that would make one
operate and another not. If 1t was legal
and constitutional to restrict suffrage in
1877, in the election of the Legislature and
Governor, and in November, 1878, in the
election of Congressman, to those who had
rNaid fhn fox -of fl,a
each election, then there is no warrant in the
Constitution for the assembling OF the Legis-
lature in December. The Legislature elected
under the provisions of the amended Con-
law under which it was elected, and as that
law provides for biennial sessions, there is
no authority for its meeting until De-
cember, 1879. And if the restriction
as to suffrage was made to operate in
violation of the letter and spirit Of the
amended Constitution, then the elections
held with such restriction operating was il
legal, and null and void.
1t is this dilemma into which the states
manship of this great aud sacred Conserva-
tive party has placed the State. With un-
challenged power in its control, with no
fear Of an organized political antagonism,
after the present Legislature had been
elected under the suffrage restriction of
| the amended Constitution, that same body
proceeded at its session in 1S77-7S to de-
clare that the very cardinal law under
which it was elected was not in oper-
alton; postponed the election of Circuit
Judges until the approaching session, when
their terms of Office expire On the 3lst Of
December, and in effect declared that the
amendment was not iii force, and that the
election of its own members was Illegal.
We presume, however, that the Legisla-
turc will act upon its own Interpretation of
the amendments to the Constitution and
| meet in December, and proceed to .elect
the Circuit Judges and re-apportion the
representation of the State. This may all
pass as law, unless the consttutionality of
such legislation should be called in ques-
ton, upon case made out for the purpose,
Or in the interest of parties litigant. 1t is
just as reasonable and easy for the Legisla-
ture to violate the State Constitution as it is
and the enabling act of Congress providing
for the representation of Virginia in the
National Legislature, in the poll-tax re-
striction. If taken to the Supreme Court Of
the United States we are confident that a
decision would be rendered against the le-
gality of the election of the present Legis-
lature and Governor and the members of
Congress elected on the 18th, because Of the
amendment of the State Constitution re-
stricting the right of suffrage, conflicting
with the Constitution of the United States
and the laws of Congress. But these
considerations, nor any others, will be
weighed to arrest the purpose to as
semble and proceed to legislation, as though
no fundamental or statutory enactment in
terposed objections.
And when assembled, there will be i'm
portant questions 70 act upon and deter
mine. The re-apportionment of represent
tation, the election of the Circuit and Coun
ty Judges, the adjustment of the debt, and
8 provision for payment of interest on it,
and the public schools, are subjects that
will be brought up for discussion and dis
posal. 1t will be impossible to evade their
consideration, and we may therefore look,
not only for a protracted session, but
an interesting and exciting one. We hope
spirit of prudence, calmness and fairness
will animate that body,-that the purpose
of factions will be ignored, and that an ear
nest, honest disposition will be mani
tested to approach these important matters,
to determine them in the interest of the
people OF the State, and the promotion of
the welfare of the Commonwealth.