Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1880-02-20
Rao $@i'aty SfisEges --Es@cis:ou IA E,;
EfsN ~ Tie &n.z sa.sir..s

Rcbw22t, Judge Nloncgyo delivered tho iol
lOwlGs osioio0 ii tho i,snrico C ,un,y iujgeship
else:
The Constitution ei Virginia, which is pub
llshed u the Codo Of 1873 Up. GO l0ll cou.ans
tho following provisions, which scem to BE- ma
tellaI 10 be considered in tic decision OF the
question row before the Supreme Court Of Ap.
pcas in regaid 10 Couoiy Court Judges
Code, =. 81, Article W.. gcolicu "rhere
shall be & Supreme Court OF Appeals, Circuit
| courts end County cOurls.'s
Page SIS, sec. 5: "The judges shail be shos:u
| by the joint vote Of the two houses of tho Cen
cral Assembly. and shall hold their cfIice for o
| term OF twelve years.
Page Sc. sec. IL "For each cl:t (oi the
SIX cen lud clal cl:cul;s, into which. By stc-ioo
9 OF the sama nlt:clc, tic State Was directed to
be dVded) Judge shall be c'cson By Tho joint
vote Ct tho two houses Of tho General Assem-
| bly,, who shall hold his otlioo Ter term of eight
years, unless sooner removed, in the manner
prescribed by This Constitution
Page ST, SIC Is headed County Courts" {;
'in each clury Il this Commonwealth there
shall be coutt called The County Court, which
shall bo hrl nonhlg by Judge loarled 10 the
law Of the State, and to bo kEown rs the COun
ty Cgcrt judge; provided, thet c>uniits contsl.-
lag IcsS than eight thousand inhabitants shalt
be atttchcd 10 adi olnlng cGua;ieq for Tho ior-
NIT o. III The districts fog c)un.y judges.
County Court JUICES shall BE- closon ia The
same m2Dncr as i1Jg g Il tho Circuit courts.
lAty shall hold their offcJ irr 4 term OF Fix
ycnr9, tZG'pt tic iiisi term und2r this Uoua:i
! !ni!1p. Th.c1 shall be three years, ald during
th'Ir co1'lnuGncc ic sic! they sGa'l reside 10
| thcl. respective cJuotcs or disteiota Tho ia
! Tygjipfi-p nt cGIt , Choll no IN
that OF the exstipg Couaty courts, except 80
lsr az L. IS modified By thil Constitution, or nay
&c changed by Law.
Page 50: "GanoGal Provi:ijra."
"Se5tiop 90. All the judges ahail be c)mms-
sonad by the Governor, end siall reosipo such
salaries and allowances es may DO determined
hy lsT, TIC amount Ct which shall net be iii
iii o!Stltt Gu;i2g th9it term 81 .Ct;c,. Thair
terrS OF ctIcc sasi cCnnierce en- tho ilrss DIV
OF Jsauay ntSt following their aFrciatn,eni;
AID th&y stall discharge tho duties Of their re-
sp;ci7c 0ficla ircIn their frat appointment and
specification uaicr Il il Constitution until their
terms begin
Scotch %. ,Iujfts msy 10 .crnoqca from
Ct:itc ~ "a c0rcr'fcH vote Of both houses q. thc
GcutrsI Assembly, bur n majority OF all tic
nemtcra elected TO each hous, must concur 10
such votc, and tho cause OF removal shall be
enteTcd ca tbs Joninsl ct cic.l house. Tic
Judge against ;ihOm the General Assembly may
DO about to EEC&3ad shall have roica thereof
accompanied 0y I; copy OF tho causes alleged ior
his removal at least LHcniy days ttOro tho day
on RhloiI either honS' of Tho General Assem-,
! big shall act thcTnon."
! Stc:cn % Judges, end al ol!icr oifiscgs
| elected or eppGlntCd, shall o,nliGun 10 dis.
charge tho duties OF thci: Offices alter then
terms Of service hays expired. urii their ST ,as
scr5 hhve qualified.
Tho !oIegolns; arc all the !roeisinra OF Tho
Goustitution winch sccln to huvo material bear
| !rr on the subject under consideration
The last term Ct six years oil the County
Cou.! judges of thn State commenced ca TIC first
dsy CT J0nuafy, 1874, and ended or the lost
dsy of December, 1879 The succeeding term
of SIX years Of tho sGid judges, commenced on
the llrst dsy Of January, 1850. and will end CD
tho last cay OF December, 1885. Tho Judge 5
| c ed Tor tho last term ceased to ta Judges ct
| tho end OIL that term, except that uudcr scc!ioa
70 alotsa'd, ttc7 arc 10 continue 70 discharge
tho dulles OF Their Office, alter their terms Of
service have expired, until their Successors have
| qualified
! AZ aotn IS tttlc SUCCESSORS hsvo qualified
then Ci a5uI8,. they will os!sf,tiy cease 10 dis.
| charge those dEtlca.
Tie election Of Iu1gcs Of tho Coanty c.urts
Tor The term oil PIX yeaIS Which c1nluonoali on
the fret day ci January. 1850. lovoiycd On tho
| present l.9pisIaturC; which c.rtaiply entered
| upon Tho discharge Of that Gu,y iu due time
Somn. End perhaps many. OF thrsa Judges acru
elected anu qualified tetorG the fist day Of Jan
liary last, and no question has heeu raised, nor,
presume. can hs rassa, az To tho legality or
regularity OF theic appointment.
| Bat all of tho appointments we're not made
before that day. Why not, does not appear.
Doubtless different rGaGoDs existed 10 different
cases. Some Of those rcasobs may hage con-
csrned the old iucumoens OF the cffca and tho
question OF thc!- re appointment. Some oil!
inem may nave c>ncaIaed tho question GU to q
prgpEiciY Of choice between uompettnrs for the
oibod N various oiscs. Al all events the L7vis-
IaIEr1, Tor somo cause or othcr, deemed it pro
per 10 delay the cOnnletion Of tho election for
a lev dayH after the first day Of last Jaruary;
after the iaE5o If which few days they com
plc'tu tie election, aud tho persons SO elected
quilted according to law sEd proceeded to enter
UPON tnu rEcclilou Of thu duties Ct their otfc.s
But IN some Gi thn cisas. at lcnst. the tll in
cunbcnls Gnaled their right 10 do 30, and claim
Cd right Tor themselves to hold on to tho of.
f!c!l bnd perform ali their duties aud RI caive ali
4
| 1851, Notwithstanding the election and dusEli
ci.ion OF tier SUCCESSORS ana the offer of tho
samo 10 enter upon and perform Immediately
and h2rc"iorh thu dn'l7s If their 0tIo.s. The
sala Old il c1mbants placed lh;ir claim aon, IN.
On the ground oi tbs appointment and ulsiii
caii3n OF their Successors pi.ur, Instead OF on or
before, tho first day OF January. Ii sucl an
n2int!nent tnd qualification had boc0 Ga or be-
lore That day, they would have mado 10 diff
entity or ra'sld 20 question On tho sui CT.
Now. can It be That this accidental delay for
te" days 10 the appointment Of tho successors
/ In these Offices, is to have such "a Important
! etfec. as would BIO produced by sustaining the
views OF tho old i1clm5on!s who CT, c,mp.li,c
10 this clse?
Gould tho trainers Of tbs constitution have
| in!entcd that cr9umstanao SO apparently
slight ani lmLaatera as few days ditferorc,
IN the tine OF tho appoiotment OF Judge Of
the County Court VINO might be appointed on
the 3lst day CT December, 1879, OF on the Is.
day OF Janua1y. 1880. Should have such an i'm.
pottaSt effect as that in tho former cssa, be
| nn,IlI ,rgo !