The Weston Democrat. [volume] (Weston, W. Va.) 1875-current, 1880-04-10

stantiallv the same, and the tunc'
tioms to he performed by the court
rs Il component part OF the govern
mental organization exactly the
same under the amendments aud
under the Constitution rs it now is
The mere change OF salary Of the
Judges can have no effect On the
present question.
Suppose the amendment should
be adopted? 1t comes tito opera
ton, finding already in existence 4
court called "lhr Supreme Court o!
Appeals" with rourj judges in o'lice'
chosen under the Constitution as
it is: and the amendment, in "r'
der to avoid the argument that tho
! old Judges could hold Office under
the amendment for twelve years
after its adoption, and also in or
der to avoid the argument that the
adoption Of the amendment terlni'
mates their offices, expressly de-
clarcs they shall remain in office
until their present terms expire
This provision makes two propnsi'
tons manifest: lst. The Judges
now in office will continue therein
until their original terms expire
2nd. There can he II" prctsnsc to
say that the% cease to he judges
because of the adoption Of the
amendment. So it is, that the
moment when this amendment
gocs into iurco It finds in existence
q $up!cmc Court with four judge.
| in its gcats. The term Of one oft:
Judges will expire under its own
provision, as well as under the
Constitution as it is. on the Is, Of
January next The point is, who
shall take his place? II there
were M one authorized to do so,
still the Court would exist a lawful
Court with three Judges, a constitu-
ti0nal quorum. But as a full Court
consists Of four Judges, answer
the question by taking the position
that the one Supreme Judge elected
in October next vii! take the va
cant chair.
He hes hcen elected under the
,,raSnNI Constitution. and pursuant
10 the present election statute.
This old machinery works on until
the election is accomplished; an!
when lis election is accomplished,
:" '".hunti, in that same instant the
amendment comes into force and
effect, knits into til" Constitution,
and the old Article Eight expires,
without a hrcnk-without a mo-
ment Of interval between the de-
parture Of the old article and the
advent Of the new, and organism
Of the Constitution works Oh
smoothly without any hiutm or
chasm whatever, as piece is an.
nexed to piece BY u close joint
and the old Judge also works on
in Office under the amendment un'
til the list Of January, the time APP
pointed for the expiration of his
office, and the newly elected Judge
is Judge eisr, until that day; and
when it shall come, The old Judge
vacates his chair and the new
Judge takes it. Here is II Judge
duly elected under authority Of the
Constitution and statute in force
when elected. and the statute cOm'
tinucs in iurce Notwithstanding the
amendment; and this judge il
ready to take office; and here also
We have a court in existence ready
to receive him, its doors open, and
Il vacant chair in il. What shall
prevent him from taking it?
But suppose it can be said that
this Supreme Court, as it will exist
after The adoption OF the Amend,
mIeht' cahh"l trace us origin ana
paternity 10 'ne I'll" Constitution,
nut derives It's very existence ana
,Isn'lty from ~, Inc amendment
" I;"' then! me amendment viii
under !! TIE act submitting H. Il rat
HE'D take elect from us r"tit'ca'
u"h. IL Is not necessary |" say
whether 1t Will take elect from the
lIrst 'noInellt OF the '!ay "t election
or from the close OF lhe polls on
taai ''ay' or from the last moment
o! that gay; II u s!lliIcleht 10 say
.'nSI - so"I! as lI1c Judge chosen Oh
! IL bII IttA II