The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-15
rror The nispa,ch.l


you asr. Can A county Judge elected as,e'
,.n,,srs ,sso. take Office before January,
IseIs An examination OF the several
clsuscs In the Constitution In regard 10 the
,sr,,s ~ Office and their commencement
nav throw light upon the subject and guide
- nrnncr answer. The Constitution pre-
s.,,hes Tor the several officers of the state as
sol,ows. Governor: "He shall hold DIS
Office for term Of four years, 10 couimenec
on the first day OF January next succeeu,ng
ms eiection." ACKNOWLEDGMENT,
Lieutenant Governor shall be elected al tne
same time and for the same term as tue
Gnwsrnorn "a secretary OF the Common.
wealth. Treasurer, and Auditor OF Puohe
Accounts sbaIl be elected by the joint VOC
~ the two houses OF the General Assembly,
and continue in Office for the term OF TWO
r1s,s unless sooner relieved" All regular
elections for city and town ofncers un-
der This section shall be held on the fouftn
Tbursday in Nav, and the oilicers.elect sha'l
en,cr unon their duties on the first day OF
July succeeding" Court OF Appeals =" Tbe
iudpes shall be chosen by the JOINT vote OF
The TWO houses OF the General Assembly.
and shall hold their office TOT .erm Oh
twelve years" Circuit Courts: "For each
elrcuit = Judge shall be chosen by the JOINT
vote Of the two houses OF the General AS
sembly. who shall hold his Office for term
Of eight wears unless sooner removed IN the
manner prescribed by this Constitution"
Coun,y Courts: "They shall bold their
Office for term OF six years, except the hrst
term under this Constitution, which shall be
three years. Under the title General Pro-
visions. section 20 says that the ludica
.s.erms OF Office shall commence on The hrSt
day of January next following their APP
Monument, and they" the judges, shall
discharge the duties OF their respective
Offices from their first appointment ana
qualification under this Constitution untll
their terms begin"
IL seems plain that the purpose OF !he
convention that adopted the Constitution
was IN arrange definite terms for all the
aforementioned officers and TO prescribe
when these terms are to commence. For
the Governor and Leutenaut-Goyernor, a
term of four years, commencing on the Isl
of January. The language is, the term 10
commence "on The LIST day OF January sue
ceedjpp his election" 1t was uncertain
when the Constitution would be ratlned
and the election held. So the precise year
which woull mark The commencement
could not be prescribed in the Constitu-
tion-id certum quod certam reddi p0teSt.
That time was TO be fixed by the future
eyent-to wit, the first election under the
Constitution. The Governor elected COM
menced bis term on the 1st day OF January
succeeding his election, and the term OF
the Office OF Governor commenced on
that day ard year. According TO the
actual event, the term OF The first Governor
elected under the Constitution commenced
on ,he lst day OF January, 1870, and con-
tinuod for four years. The second Gov
ernor went into Office at the expiration OF
that term, and commenced his term on TIE
1st day Of January, 1873, and the third OF
present Governor went into office on the
L., OF January, 1878. his term continuing for
four wears from that time. This is the guber-
material term. In the case OF bis death,
"ihe said Office, with is compensation,
shall devolye upon the Lieutenant-Goy-
ernor." What Office? Why, the uneX-
pied portion OF bis term.
So OF city and town officers. Their terms
were to commence on the first day OF July
succeeding their election, which was to be
held on the fourth Thursday in May. Az
ter the incorporation OF a city or town The
election was to be held in May, and the
commencement OF the term, and, OF conse-
uuence, Of the terms OF The city and town Off
GERS. was 10 be the first day Of July succeed
ing. When the election was duly held in
NAV, and the officers went into Office on the
first day Of July succeeding, the first day
OF that year marked the commencement OF
the term, and by consequence OF the terms
OF the city and town officers. And IN case
of their death, resignation, or removal their
successors. wben elected, went into office
for tie unerpired term Of the respective Of
fees.
The Judges Of the Court Of Appeals ana
of the Circuit Courts, and OF county Judges,
are TO hold their Offices for terms of twelve,
and eight and six years. In case OF the
death, resignation, or removal OF Judge,
his successor only succeeded to the uneX-
pired term. This would be the conslruc
ton on general principles. Ii Is plan that
the intent OF the Constitution is that the
term OF the respective 0fhcers snould, rs Il
class. commences at the same time, and their
regular election on the same day. LII IL had
been designed 10 have commencement Of
the terms different, and the election c0nse-
ouep,ly OF the officers at different times, 1t
was easy TO have so provided, and not leave
this 10 happen only when caused BY the re-
moval, resignation, and acc dental DEAN OF
the officer, or the supposed failure OF the
electors not 10 perform constitutional duty
by the election on certain day. IL Is mol
the purpose OF the Constitution to scatter
the terms OF office OF the county like horses
in On il.contested race part TO beeltcied
in 1880, 1881, 1882, 1888, 1884, and in 1880
III that Dau Detu tue intchtiou thc Coh9't"-
ton would have so provided, as is done in
regard to the terms Of Office Of senator's
who were first elected unGer the Consti!u-
tor. the sena,ors.elect drawing by lot the
short aud long terms.
Ii can hardly be seriously commended that
the force Of this reasoning can he altered 10y
the clause prescribing when the judicial
terms shall commence. "Tbeir terms shall
commence on the LIST day OF January next
following their appointment" The Ian.
gt,age is entirely similar TO the language
used in regard TO the office OF Governor
and Lieu,enant.G Governor, aud other off,
GERS. The same general idea is preserved
OF dxing the terms Of Office, their COM
mepcement and duration. The commence
ment Of the term could not be fixed as 10
the precise day and year for the same rea-
son that applied TO the Office OF Governor
IN depended not only on the ratification OF
the Constitution, the election OF the Legis-
lature, the subsequent meeting OF the Lcgis-
lature, and The election by the Legislature
of the judges at its first session. That could
meet only after the commencement Of the
term Of the Governor, and ii would be I'M
certain when the election would be held.
1t was desired to Fix a date for the terms OF
the Judges. Aud that day was prescribed
as the LIST day OF January next following their
appointment. The dry and year became
fixed from this language rs soon as these
Judges were appointed. The Judges were
elected by the General Assembly In the year
1870, and the judicial term commenced
,,.,tar tho Constitution on The 1St Qay of