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

der the present Constitution be eligible
70 The judgeship provided for at adifier-
eht time aud at different salary from
mat under the present Constitution
l answer, Yes! You ask, "Can he take
once under Constitutional provision
not IN existence when he was elected2"
a premise is here assumed which does
NOT exist, Tor II assumes that the
amendment rs not in existence at the
JUDGES election, whereas, in a legal
view, II takes effect as early as the
Judges election, simultaneously with ii.
lou ask, Can he claim TO be elected to
a position for which there was no pro-
vision vi law authorizing an election at
the time he was voted iOrP' The
premise is unsound. When this Judge
Is elected, Tor purposes Of such election,
the present article OF the Constitution
ard the enabling acts called the election
laws will still be in force under the Con.
stitution, and these command and di-
rect his election, and he receives his
election from them, and takes office on
the list OF January under the amend
ment, II adopted; or il you please, this
very amendment, in a legal view, in
force at ms election, aud he is elected
under 1t, It adopted, and the election
laws already in existence before the
election and which continue % operate
after the election. Thus there is abuud-
ant provision of law authorizing an
election at the time he was voted for. :"
As 70 the clam that the Legislature
IN the act submitting the amendment,
provides Tor voting in each circuit for
two Judges, one under the present Con-
stitution, one under the amendment,
and Numbered in not providing for the
election OF two Supreme Court Judges:
think the Legislature committed no
blunder As To- the Circuit Courts there
was good reason Tor such provision.
The amendment makes sweeping re-
arrangement OF the circuits IN the COM
ties composing them, aud increases the
number OF circuits. \ county included
IN agIyen circuit at present, is found IN
a different circuit under the amendment.
For instance, Gilmer is in the present
sixth circuit along with Lewis, and
Braxton is in the eighth; but under the
amendment Gilmer is in the sixth, and
Lewis aud BraXton are IN the eleventh
circuit Had the Legislature failed to
make the provision referred TO, at the
October election the votes Of Lewis and
Gilmcr would vote for the same Judge,
aud those OF Braxton for another but
the voters OF Lewis and Gilmcr could
not under the amendment sit IL both
those counties, they being in different
circuits, but ne could sit IN Brax-
ton, Lewis and Braxton being IN the
same circuit, though Braxton had no
voice in his election. And then again,
how could nine judges, the number
under the constitution as it Is, SIT III
thirteen circuits, the number OF circuits
under the amendment Hence, such
a provision as the Legislature made
was indispensable rs regards Circuit
Courts. But no such reason, no
reason ut all, existed ior provision for
the election OF two Supreme Court
Judges. They are voted ior, not 10y
section or districts, but all over the
State, and thc amendment makes no
Encouragement as 10 them, and their
jurisdiction is CO-eNtensive with the state
and there could occur no such confusion
in their cases us would have been the
case as to Circuit Judges but for the
provision referred to.
Henry BRENNoN.