The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-02-20

tnlng so unreasonable, and tn warrant the
Court In deciding that they did The evideNce
OF such an Intention should plainly appear
in the Constitution. Does such an inter-
ton so appear in the Constitution i think
not.
The only provision in the Constitution
which can create
ANY DOUBT OR DIFFICULTY
on the question Is that contained in section
- Of Article VI, page 50 OF the Code. The
/ language OF that section is: "All The judges
shall he commissioned by the Governor, and
shall receive such salaries and allowances as
may be determined by law. the amount OF
which shall not be diminished during their
| term OF office. Their terms OF office shall
commence on the 1st day OF January next
following their appointment; and they shall
discharge the duties OF their respective
Offices from their first appointment and
qualification under this Constitution until
their terms begin"
Now. the trainers OF the Constitution eyi-
dentIy designed that the terms OF Office OF
all the judges shonld commence on the lst
day OF January next folio wing their appoint
ment, and such is the express language of
the Constitution. This provision was made
with a view to the organization OF the ma
chine OF government and setting il in mo-
tion. They determined to fix upon GER
tain day for the commencement OF the terms
OF Office Of all The judges, and they fixed on
the 1t day Of January for that purpose.
But before the arrival OF that day next after
the adoption of the Constitution, it was ne
cesslry that the duties OF their respective
offices should be discharged by some per-
son. Bv whom were they to be 6iS-
charged? The Constitution, after proyld-
ing in regard to all the judges, that
"THEm TERM OF OFFICE
shall commence on the first day of January
next following their appointment" thus
proceeds: "and they shall discharge the
duties OF their respective Offices from their
first appointment and qualification under
this Constitution until their terms begin
The Constitution was adopted and put in
operation some eight or nine months before
the lst day of January, 1871. In fixing on
Il day for the commencement OF the terms Of
Office OF the judges, the 1T day OF January
next following their appointment was Sc
ectcd for that purpose. There was long
interval between that day and the day OF
the appointment and qualification OF the
Judges under the Constitution; and it was
necessary that provision should be made in
the Constitution for the discharge OF such
judicial duties as might be necessary in the
State during that long interval. There
fore it was provided, in section -,
as aforesaid that the JUDGES "shaIl
discharge the duties OF their IeSpec-
tive offices from their first appointment
and qualification III der this Constitution
until their terms begin" This sentence J.
/ separated by a semi-cOlon only from the
one which immediately prcccdeS II. IN these
words: ''Tbeir terms Of Office >halI COM
mence on the first day OF January next iol-
| lowing their appointment thu. showing
| that the whole section has relation TO the
! time when the Constitution was adopted,
which was very shortly before the time OF
the first appointment and qualification OF
Judges under the same. Ii We read the
section in
THIS VIEW OF TIE FACTS,
we can have no doubt or difficulty about
its meaning or the prOpriety Of constituting
| it in reference TO the lSt day OF January
next succeedln" the first appointment and
qualification OF the judges.
On or before the said 1t day OF January
Judge was no doubt elected by the Gene
raj Assembly for each county OF the State
for the term OF three years from the 1st day
OF January, 1871; and on or before the l>t
dav OF January, 1874, Judge WAS probably
elected by the General Assembly Tor each
county Of the State for the term OF six years
! from the aSt-named day. On or before the
lst day OF January, 1880, the time came for
making another election o! county Judges,
some OF whom were elected before the Isl
day of January, az to the validity OF
whose election no question l. raised; others
of whom were elected a few days after The
1st day of January. But it is cOntended by
some Of the old incambeGts OF county
! iudgesbip that an election made after the
! 1st day Of Jaauary last cInnOt take effect
until 1st day OF January, 1881, twelve
months after it would have taken effect il il
| had been made few days before it actually
was made-that j., on or before the Isl day
| Of January last.
Now, here is a case in which all the coun-
| tv iudgeships Of the State become vacant
on the 1t day OF January, 1850, and the
! dutv Of filing the vacancies by new cleo
tions on or about that day devOlyed on the
General Assembly, which was then in sc>-
sion. Some OF the vacancies were accord
! ingly filed by election so made on or before
that day, while the filling OF the Others was
delay ed for few days for the sake OF con-
veniQnce, and under q bona fde belief on
the part OF the electors that
SUCH DELAY COULD MAKE 80 DIFFERENCE.
But it is now contended by some of the
Judges whose terms OF six years expired on
the 1T day OF January last, that they are
entitled to hold on To their offices till the lst
day OF January next, because the appoint
ment and qualification Of their successors
took place day or two after instead Of on
or before the lSt day Of January last.
think the Constitution ought to receive
not a short and narrow, but a liberal and
reasonable. contruciiOn. The Legislature
is invested by the Constitution with the
elective franchise in this case, for the bene-
f. OF course, Of the State. 1t i entrusted
with the duty OF filing the county Judge
ships, all OF which have become vacant.
lis right 10 perform this duty is disputed
because not performed on or before a GER
tain dav, though performed a day or two
thereafter. A Judge whose term OF service
has expired claims 10 be entitled 10 hold his
iudgeship a year longer because his sue
ces>or was not appointed and did not qualify
on or before the 1st day OF January last,
though he was and did dly or two there
after: now this delay Of day or two could
not have injured, but may have bentited the
State. for which latter purpose II was doubt
less incurred.
THE FIRST DAY OF JANUARY
was regarded both by the Convention that
framed the Constitution and the Legisla-
tureS convened under il as the proper day
for the commencement OF Il term of a judge
ship. The 1st day OF January, 1871, being
the first after the adoption OF the Constitu-
ton, some nine or ten months before, was