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

sSa,,,a re.d THE terms OF Office OF those
f,rst annointrd sbatl commence on the nrst
Jay oi January next following their ap-
nointment. THIS gives symmetry, ior'n,
and consistency 10 the whole CONSTITUTION,
and effects the obvious purpose OF Tue con-
yeniiop.
oThe intent. however awkwardiy ex'
pressed, governs" In construing tue oon'
stiution is aim and purpose must De look.
ed 10, and It's language ought 10 nave ia,i
and reasonable construction. That TINS
construction Is right is made more apparent
by adyeriing to the fact that the Language.
OF the Constitution in regard TO terms OF
off &c has been previously well defned by
| populsr legislation and judicial construc-
| ton. There would, therefore, in the aD.
sence OF any light furnished by history OF
the proceedings OF the convention, guidlng
| 10 a different conclusion, arise lair in1er'
ence that the trainers OF the Constitution,
| in using the word term, intended also 10
adopt with IL the construction.
The foregoing shows what can be said ID
favor OF allowing the newly-e'ected county
Judges to take office at once. Let us look
at our correspondents positions.
All the clauses he quotes from the Con-
stitution which are applicable to the SUBJ
ject we had previously quoted. We will
take the Office 81 Governor first. Could the
Legislature have postponed bis election
from 1877 until 1878 and then claimed that
his term commenced before his election !!
No. II IL could do IL for one year, it could
do it for ten. Nor can it postpone the cleo
tions OF county judges TO 1880, and then
Ill. hat ttnf
their election.
| As to Secretary OF the Commonwealth,
Treasurer, and Auditor, ii is sufficient to
say that the Constitution does not say when
they shall go into Office, nor when their
terms shall begin. So that point has no.
thing in it. But the Constitution does fix
the time when the county judges shall take
office.
AS TO county officers, they, too, must be
elected before the time for their regular
terms TO begin. The Legislature has no
constitutional power to provide that they
shall be elected after that time for their
regular terms. Yet that is just what it
has undertaken TO do in the case OF the
county judges.
Our correspondent is also totally mis-.
taken In bis assumptions touching the sup
posed uncertainty in 1868 as TO when the
Constitution was to go into operation. On
the contrary, the day OF election was fixed
| in June, 1868, and it was for that very rea =
son provided that the officers should go into
office at once, but their terms should not
begin I'LL the 1t OF January, 1869.
Tue Northumberland takes the Gov
ernors Office IN case Of death, &c because
the Constitution requires it. But the Con-
stitution makes no provision for county
Judges taking Office before their terms COM
mence.
The very thing which our correspondent
says the Constitution did not contemplate
was actually provided for in terms in the
last Constitution, under which the statutes
he speaks OF were in force. The judges,
no matter when chosen, were chosen for
full term. And we know that some judges
think that such is the law now. This point,
however, as we have said, is fully argued
in tue Lo,o journal for January.
The other side admit that the term IF the
county judges Just elected will not begin
before next January; but our cOrrcspon-
dent refuses to accept their arguments. lie
takes new ground. He claims that the Le-
gislature can postpone elections till after
the term OF Office commences, and then
| oieot Office for a full term already DOM
menced.
In word, our correspondents whole ar
ticle is based upon the assumption that
there are vacancies in the county Judge
ships, aud the Legislature has the power to
elect Judges for an uneXpired term. But
the Lao journal shows this assumption TO
be totally unfounded, declaring that the
law which authorizes the Legislature TO
elect Judge, for uueXpired terms is uncon =
stitutional. OF course we know that a Judge
elected for au unexpired term can take Of
fee at once so long as the law stands good
that is, untouched by the Court Of Appeals.
But the county Judges are not elected 10 fill
vacancies nor uneXpired terms. They are
elected for the regular term.
| We haven't time to consider our CORE.
spondenCs article further Just now, but we
think we have noticed all his points, except
the new reading lie gives to the COnstitu-
ton. Ii that sort of argument were per-
Missile, VIC could easily so arrange the
words OF that instrument as to make it sus-
tain all Of our positions.