The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-13

..~r. ~ of,,ce Of every county Judge VINO
h.s heen elected since the list Of January,
isao. and OF every one yet to DC e'ec'eu
th,s winter, will commence next January:
me language Of the Constitution admits OF
nm, one meaning. We quote II again;
Their fall judges'l terms OF ONCE shali
commence on the first day OF January next
foiIomina their appointment"
We shall not stop TO try to make TINS IAN
suaee any palmer. II speaks for itself. IL
needs no construction. The only question
which remains to be diseussedin connection
with the subject Il, Can county 1uage
elected si,er January /, 1880, take ONCE De-
fore January 1, 1872
It may be laid down as a rule OF law 'na'
no officer can take Office before MS term oe-
Gins. The trainers OF the Constitution OF
Virginia assumed that this was the rule, ana
N n made the following exception In that
instrument:
"They fall the iudgesl shall discharge the
duties OF their respective Offices from tneir
first appointment and quotlfcdt'on amae'
his Constitution until their terms oeg'"'
II this language had not been put into the
Constitution, none Of the judges elected IN
1870 could have entered upon the discharge
OF the duties OF Office until January l. 18Th
The Judges In Office In 1870 would necessa'
ri,y and constitutionally have continued 10
discharge the duties OF their offices until the
term OF the new judges commenced lbs
language cannot be construed to cover the
case Of any judges except those .'rsf APP
pointed and qualified under the existing
Constitution. In order, however, 10 pace
Tho matter beyond cavil, we turn to the eiec-
f,on ordinance adopted by the same coh.
vention which framed the Constitution, ann
extract from that ordinance the following
language:
"Tbe officers elected lin June, 1851
shall enter upon the duties OF the oinces ioI
which they are chosen as soon as elected anu
qualified in compliance with the provisions
OF this Constitution, and shall hold tbeir re-
spective Offices for the term OF years pre-
scribed by the Constitution, counting IRON
the first day Of January nezt, ana un',,
their successors are elected ana qualipeo'
The ordinance quoted above provided
for elections in June. 1868, but the military
authorities refused to allow the elections 10
be held that year; and as the ordinance eX-
pired by its own limitation the same year.
no election was ever held under its author-
ity. We quote it only to show the inten-
fion Of the trainers Of the Constitution.
This. il clearly shows. 1t proves TO de-
hot intended
man elected to any Office should take thal
office until his term commenced, except the
men who might be first elected under their
new Constitution.
GILBERT T.. WALLER was elected GOV
ernor in July, 1869. Governor WELLS re-
signed in September. Why did not WAL.
KER 90 into the office in virtue OF his cleo.
ton, Because the ordinance quoted above
(not being part Of the Constitution) had
lost its force. IL was no longer operative
and his case fell under the general rule that
no man can 60 into Office before his term
begins. MIR. WALKER was therefore ap'
poipted Governor several months after he
had been elected Governor, but his regular
term OF Office did not begin till January /,
1870, nor expire till four years after.
wards. Following the rule laid down.
no Governor elected since 1869 has
taken office before the LIST OF January
next following his election, nor VIII any
Governor hereafter to be elected be autho
rized to do so. Governor HOLIDAY was
elected in November, 1877, but he could moi
have taken office before January /, 1878
even bad Governor KEMPER died before The
election Of that year took place; because ne
person elected to Office can take that Office
before the term commences.
The same rule applies to county judges
Those elected in 1870 were authorized tt
take office before January 1, 1871; but none
Others can do so in the absence OF constitu
tional authority any more than GILBERT &
WALKER could take the office OF Governor
before January l, 1870, though elected IL
July, 1869. Find out when an officers tern
begins, and you will have found out when
he can take Office.