Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-04-05


il, but will be the same court, viewed
as court now existing under the Con-
StitutiOn and continued on without a
break in its life under the amendment,
when adopted. This view is sustained
from the consideration that the amend
mcut is u mere amendment To the Con
stitutiOn, and from the fact that the
amendment itself provides that the SUI
preme Judges in office when it takes
eject, shall remain in office until the
expiration Of their present terms. The
court is the same in name, IN the mum
Der OF its Judges, the manner Of their
election and removal and the duration
Oi their terms, and the powers aud ju-
risdiCtiOn oi the court substantially the
same, and the functions to be performed
by the court as component
part OF the governmental or
ganization exactly the same under the
amendments aud under the COnstitu-
ton rs il now is. The mere change oi
salary oi the judges can have no effect
on the present question.
suppose the amendment should he
adopted2 Ii comes into operation, find
ing already in existence a court called
'the Supreme Court Of Appeals with
tour Judges in office, chosen under the
Constitution as II is; and the amend
aent. in order To avoid the argument
that the old Judges could hold office un-
der the amendment for twelve years alter
It's adoption, and also in order To avoid
the argument that the adoption OF the
amendment terminates their offices, eX-
pressly declares they shall remain in OF
hrc until their present terms expire.
This provision makes two propositions
manifest: list The Judges now in office
will continue therein until their orig
inal terms expire. 2d. There can be no
prcteuse To say that they cease To be
Judges because Of the adoption of the
amendment. 80 it is, that the moment
when this amendment goes into force il
finds in existence u supreme Court
with four Judges in It's seats. The
term of one oi its Judges Will
expire under It's own provision,
AS we'll as under the Constitution
As ii is. ON the LIST OF January next.
| The point is. who shall take his place
| III there were no one authorized To ito
so. still the Court would exist lawful
/ Court with three Judges, "a cOnstltu'
tioual quorum. But as u iull Court con.
| sists ui four Judges, ] answer the ques'
/ ton by taking the position that The
one Supreme Judge elected IN October
next will take the vacant chair.
lie has been elected under the pres
cnt Constitution, and pursuant to the
| present election statute. This old ma
/ chinery works Ou until the election Is
accomplished; and when his election Is
/ accomplished, 90 Instant, IN that same
| instant the amendment comes into lore,
/ and effect, knits itself into the ConstI
/ tuition. and the old Article Eight ex
/ pircs. without a break-withOut u mo
| ment of interval between the departur,
/ of the old article and the advent Of the
/ new. and the organism OF the COnStltu
| ton works ON smoothly without any
/ Liai,ts or chasm whatever, as piece /,
| annexed to piece by close JOINT; and
| the old Judge also works on IN Ollie,
under the amendment until the LIST d
January, the time appointed Tor the eX-
| piration OF his office, and the newly
/ elected Judge is Judge osct until thai
/ dav; and when il shall come, th,
old Judge vaCates ms CiaIl
/ audi the new Judge takes 1t
Here is a Judge duly elected under
| authority oil the Constitution aud statute
in force when elected, and the statut,
| continues i'm force notwithstanding the
| amendment, aud this judge Is ready
/ tn take office: and here also We have
| rourt i'm existence ready to receive hun
/ its doors open, and vacant chair IN II
/ Wbnt shall prevent him from taking 1t
Hut suppose il can be said that tni'
/ Suprrlur Court, as il will exist after the
| ,Jnntion of the amendment, canno
trace its origin and paternity to the Ole
| Constitution, but derives It's very e&is
,rnce and identity from the amendment
/ What then3 The amendment will, unde
| the net submitting it, II ratified, taxi
l ,a,rt from its ratification. IL u no
| necessary ~ saw whether It viii taxi
| .lI,,,t irDm the first moment OF the dal
| "a election. or from the close OF the polt
/ ON that day. or from the last moment 0
| that day; IL is sufficient To say, Just $
| snon rs the Judge chosen on that ia.
| .bslI h. deemed to be elected, Just tina
so',n N least. the amendment begins L
be- i'm force, the judges election anu VA
/ taking effect OF the amendments uaun'
/ ir,m the same instant. therefore, ~ 'l'
instant when his election Is complete
,b,t same instant a supreni'
/ Cur, Is in existence under th'
sr,sndnent ready to receive MN
Lscause the amendment creating ina
'.Nnrt Il then in force, in legal contempt
t;on. and this Judge, chosen under tn'
i,,, in force when chosen, may readil.
"n,sr uben his time shall come on th'
est of January to be invested with th'
- "a Office. into court then severa
months in existence, dating osck W w
very moment OF his election. Is u no
lair 10 say, that in a legal point OF '' S;'
,be voters intended TO eieet anu us
sisc, him 10 that particular supreh'
/ CNnrt in existence at the monieht y
eIsc,ionP For in legal eontemPistios,'
~ '.sse OF the adoption OF the anehu
- the old court under the Old arti
lie h zone. and the new court nnder VA
-, aTticls Is in existence frsm thar mo
,Osrt The old las, the old maGhlneI.
,e.l' On and consummate the eleeliol
III ,r,thout any break the new arIleI
s s.ass;n in place of the old, bringing vat
Il Che court, identical IN nsine, Is
ton and junction with the former ; ;OS,
anil thus finds an office ior the luIs
cia..t and lodges him therein wneh -.
t,me shall come for ACTUAL induc!ion iu nv
So Thus, while I conceive IN
SanS,sr theory 10 be the true one, ye
.Sars can be- no serious difficulty unoe
~ ,hsoriss herein propounded.
~ Son ask, swil the Judge elected un