The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-04-02

Nv tue cnanceilor ana lnf law, or tDe grant,
giUeS him the .fuu term. not the remnant
which has been abandoned by his prede-
cessor. This question Is not new one I'm
this State. II arose as early as 1884, and fre-
quently since. The distinguished cbancel-
lors who have had It before them seem to
have bestowed on II due consideration, and
have decided it with entire unanimity. In
the case OF The People us. Green, I'd Wen
dell, 272, Marcy j., delivering the unani.
nous opinion Of the Supreme Court OF New
York, said: "By the general provisions
elections for the sheriff are not 10 be held
oftener than once In three years, except in
cases Of udcdncy. In what part of the
Constitution Is it declared, or from which
OF its provisions are we authorized to infer
an exception in case Ct person elected TO
an office vacant by the death, resignation,
or removal OF his predecessor! Why should
he not hold as long as he should have done
II elected TO the end of full term?
Green was elected, as l understand the
provision, TO fill the vacant office, and not
merely 10 serve out the vacant term
OF his predecessor. When Green came
into the office he took it with all
the rights, powers, and incidents be-
longing TO it under any circumstances, one
Of which was tenure OF three years. See
also The People Us. Constant, III Mead,
1872.
These citations may be multiplied almost
indefinitely, for this identical question has
been repeatedly decided in other States
besides those mentioned-and those deci-
sions have been almost uniformly the same
way. shall content myself with simply
referring to some OF the cases on the
subject. for which am mainly indebted to
the researches Of counsel, and an article
| in the
JANUARY 40. OF THE LAW JOURNAL
Marshall Us. Harwood, D Mary, 423-i31,
and cases there cited; Sansbury Us. Mid
dletcn. IL Mary, 297; The State Us. HUI
son, | McLoid. 24O; The State Us. McCiu-
took, Ibid. 245; Cromwell rs. Lambert,
Minn., 2S3; Keys rs. Mason. 3 Sneed's Re-,
page 6; People rs. Burbank, II Cal, 31S;
People Us. Gary, 6 -, 642; Wammach Us.
Holloway, I'd Ala, 81.
The decisions In all these cases, or nearly
all, were based upon constitutions OF the
different States, which. like ours, contained
no express provision with respect to unex-
pired terms.
In all OF them the requirement that the
Judge or other officer " shall holdfor tern
OF years specified" has received the same
| Interpretation. In every instance those
words have been construed as requiring an
election for the full constitutional term,
whether the vacancy be created by death or
resignation, or by expiration OF a regular
term. Each incumbent holds for the length
Of time prescribed by the Constitution, un-
less prohibited by EXPRESS enactment or i'm
plication equally plain. When we see certain
provisions Incorporated into our C0nstitu-
| A. II l,a ~ N
States. and these provisions have received
unioi mly tie same construction in numer-
Gus cases. we must suppose 1t was intended
they should be construed in like manner
here. At all events it would be little sur
priSing II this Court should now give TO
these provisions a construction entirely dill
fereut from that given in every other State
by Judges CT the highest rcgpectao!llly a1d
learning. So far from there being In other
parts OF our Constitution anything militia.
ting against this Interpretation, there Is
abundant matter to
CONFIRM AND SUSTAIN 1T.
The 81 section OF the 9th article OF the
Constitution. after providing for the cleo
ton OF clerks, sherlns, Commonwealth at
torneys, and other county officers, further
I provides that all regular elections Tor county
: officers shall be held on the first Tuesday
q after the first Monday in November, and all
: said officers shall enter upon the duties OF
; their offices on the 1st day Of January next
> succeeding the election, and shall hold theiI
respective offices for the term OF three
wears. except that the county and, circuit
y court clerks shall hold them for four years
y With respect TO the township Offices lik'
: proyision is made for filing them at rcgu
:, lir elections, to be held at stated period
a through the State.
. These references are sufficient TO sho'
. that in filing the offices elected by the pee
pie the primary object is uniformity, t
avoid as far as possible the necessity
e special elections, and TO establish systei
L OF general elections throughout the State.
e And although it is not expressly so pr
e vided, it follows by necessary lmpllcatio
l. that whenever vacancy occurs the electio
). is for the upexpred term only. For il Il
y: incumbent is permitted to hold for the III
:, constitutional term, in the course OF tin
le the deaths, designations, and removals o
)r curing in the different counties wou
y have the effect practically to abr
e gate the system OF regular election
When, therefore, the Constitution pr
e vides that certain officers shall be elected
o. q regular election, and that this electo
e. regular stated periods, it follows by iney
:, table implication that the terms OF all SUI
y offices are to be controlled by the regul
l. election held throughout the State.
10 10 BY THIS SYSTEM
l. the confusion and expense incident to fr
n ouent special elections are avoided, and Il
1- iuportation of fraudulent votes from 9th
le counties in some measure prevented.
we look in vain for the slightest indie
n tion OF any such policy in the election
,e Judges. No day is appointed for the pu
" nose. Nothing is said even as to the yea
lie in which they are to be elected. II the l.
s) oi.lgture should fail TO make an election
* The eyDiration Of the regular term the i
cumbent would mold over until his su
u. cessor is chosen and qualified. This dI
p- tinciion between the offices OF judges cleo
in ed by the Legislature and offices elected
al the people is not accidental. III - reco
10 nized in the constitutions OF other State
IL and has been the subject OF judicial discu
sion elsewhere.
0. I'm the cases Of Hughes Us. Buckinghar
Smedcs and Marshall GAS, and Smith L
Halifax. 6 How, 5S2-602, this very dlstin
u tion Was much considered by the supren
Court OF Mississippi. In the latter ca
y Chief-Justice Sharkey in the course OF
IN oninion said: "Counsel rely entirely
10 tbe force OF the provision contained IN I
r 11th section Of the 4th article, which q
III cIares that the circuit judges shall be cie;
y ed by the qualified electors OF each luuicl
10 district, and hold their Offices Tor the tel
-. ~ OF four years." ;,,.
10 This section considered atone mt9ht JUS
OF fv this construction. but the wnoie insti
re ment is to be taken together win reiereu
u to all its parts. Other parts OF Tue ih,a
q. ---.-I 10 thnt a nenprnl election SuaII