Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-07-09
rna ll.of1on or JuDoHs Mkt
oQIODIR

ton OF the two sets Of Circuit Judges 10
b v0ssa for nex. fsl, shall Be dsnrs
mined e ~ e
There is . Judge to he voted ior W
each Of the present circuits and one In
each Of the new circuits provided under
the proposed constitutional amendment,
and the question is being discussed as
to whether the candidate getting ma
jority of the votes in any circuit IN
which he may reside shall not be emit
tied to the judsship, il he shall happen
to reside in a county which is part OF
both the old and new circuits.
This matter is fully provided Tor in
the act OF the Legislature submitting the
proposed constitutional amendment,
and no such difficulty could arise il that
sc, were consulted. This act should
properly have been published along with
the proposed amendments, but the law
does not make any provision Tor It's pub
LEGATION, aud hence the misundersiand-
ing in regard 10 the manner OF eieIilng
Judges.
The act provides that there shall be
an election held Tor judge in each OF
the present circuits, independently OF
the new new circuits aud without
reference To the proposed amend
ment. That there shall also be
an election ior Judge in each ut the
new circuits arranged under the pro-
posed amendments.
The candidates will bc voted
for ~ Judge OF the old circuit
and for Judge Of the new circuit The
candidate in the old circuit does not rua
against the candidate in the new cir
cult, or ri>, rtTsu. But there viii bc CONF
petiug candidates in the old circuits aud
other competing candidates IN the new
circuits. Ii the amendment iailS ct raI'b'
cation, only the votes cast Tor the compc'
ting candidates in the old circuit will be
counted, and the one receiving the ma
iori,y of the votes in the old circuit will
be electe, Ii the amendment Is raii'
lied. only the votes cast for the cand'-
dates in the new circuits viii be
counted.
Ii is possible, however, that the same
person may he candidate III both an
old aui new circuit, ii he resides IN
county which IS part oil an old aud new
circuit. In this case lie would be voted
Tor twice. once Tor In Ike oi the old CIR
cult and oace iur ia Ike oi tha new, and
his election then would depend oU
whether he received i majority OF the
votes in that circuit which shall become
the established circuit. Tie might re-
ceiye a majority IT the votes in the old
circuit and fail Of the judscShip, or u
majority i'm the new and obtain the
iudseship and ricr rfrSI, the result de
pending entirely upon the adoption or
rejection OF the amendment
There is thus, no difficulty IN the mat'
ter OF determining the election OF Circuit
Judges. but there is n very grave qucS
ton arising rs to the election oI JUdsr
Of the Supreme Court oi Appeals.
The act makes no provision for ihc
election oi tue latter, although 4 vIcan-
cy will occur in that court next iaDu-
ary. 1t the october election a Judge
will bc voted iur under the present cor
stitutioa to ill this vacancy. But ut
the same election. the proposed amend
ment oi the constitution, which, II adop'
tel, will entirely supersede the present
article establishing aud regulating the
supreme Court, will be voted Tor \
Judge. elected under the present law,
would come in, ii 1t were proper Tor
him Ia take his seat n all, under dlrr-
ent conditions ii the amendment Is
adopted. lie would, in fact take
his seat IN a different trIbn'
nal from that 10 which he
was elected, with diiIrren, salary,
and different regulations governing the
business OF the court. In other words,
he would take his seat in court To
which he had not been elected. itwould
bc quite rs competent Tor candidate
for one of the Circuit Jud.rshipS III an
old circuit To claim that he had been
elected to JudScShip in new circuit
because he received 4 majority OF the
votes IN the old, rs Tor n candidate elect.
ei under the present Constitution u
lIace ON the bench Of the present III.
premc Court to claim that because he
was elected To the old court he Is entl'
tied to Julgeshir in the new court Tor
which he Was no, candidate.
The Grafton Convention nominated
judge MlxwElL Tor judge Of the Su.
prcmc Court OF this State, rs now con
stuuted. II Judge MANNGLl should tie
elected next October To the
court Tor which he Is 4
candidate, aud at the same
election said court is abolished, AMI 4
new court established, rs provided Tor
under the proposed amendment, will
judge MANwSlL be entitled to seat
upon the bench OF the new cour. lor
which he was not candidate aud for
which he received no votes, aud to
wh,ch therefore, he Was not elected?
Ii the proposed amendment is adopt
ell. then under the terms OF that amend
ment Article eight OF said ,thc oljl
Constitution ~ il now is will be
stricken out aud the amendment ~
organizing and remodeling-in fact, IS.
tabiishirg new court-will take It's
plsc.. The Judges whose terms have
no, expired under the old, will be. by
special provision, Judges under the new
Constitution. but the term OF one OF
the Judges will expire next January,
and :here is no provision made for his