The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-14
o,,,aotions Considered.

objections Considered.
we cited the other day the re'usa' !. ~"
conr, 81 Appeals to allow Mr.. CHRISTIAN
ar nowlv. annotated clerk OF that court 10
nn.,,,v for less than full term. lie was
permitted TO enter at once upon Tue o's.
charge OF the dntics Of his ONCE ou' 0,
course only for six years from TIE utnc Vi
,.r,pg office. His case, therefore, Is en'ire-
10 d,,erent In that respect from the case OF
the county Judges; because the Cohs'"u,
tIon nroyides that the term OF these sha,'
begin on the 1st day OF January next io''
lowing their appointment. There Is no
proyisIop in the Constitution as " '"o
hpp,b Of the term OF the clerk OF Inc court
~ AnneaIs. nor as 10 when hts term begins
fTbe term Is fixed by law at Elk years.) ~
course. then, such clerks enter upon tne
discharge OF the duties OF their oiIccs al
once, and for full term.
Bat il is said that the case OF the county
iudres is covered by the following provi-
sion OF the Constitution
"Judgcs and all other officers elected or
amounted shall continue to discharge the
duties of their offices after their terms OF
service have expired, until their successors
have qualified"
This point we at once concede, or rather
claim. The county Judges now in office
mus, remain IN Office until their successors
have qualified. But when can "their sue
cessorsv take Officer When can they
Qualiiyf An officer may in some eases take
the oath OF Office at any time after his cleo
ton is officially ascertained and declared;
and We; may not be able to enter upon the
discharge OF the duties OF said once unti'
the time arrives fixed by law for the com-
mepcemeDt OF his term. That Is the very
point in the case before us. We claim that
the newly-elected judges Of the county
courts cannot take office before the time
fixed by law for the commencement OF their
terms.
But il is said that there are vacancies IN
the offices OF the county judges caused by
the expiration OF their regular terms. We
are inclined TO Think that there can be no
vacancy in the office OF county judge caused
In that way. The constitutional provision
above quoted guards against any such va
cancics by requiring all officers to continue
10 discharge the duties OF their offices after
their terms have expired until their success
sors have qualified. This is virtually an
extension OF their terms OF office. There
might he q vacancy caused by death, or re-
sippation. or removal from office, but II
such cases the Governor would have undei
the law, a. it stands, the right to designate
any county Judge" to fill the vacancy until
the time should arrivefo the commencement
OF tie new term OF the new county Judge
Suppose, however, we admit that tner'
are vacancies in the offices OF the county
Judges. The judges now being elected are
not being elected TO bill vacancies. They
ere being elected for the full terms. III TIT
Legislature can constiutionaly elect Judge
10 serve during this year, 1t must elect then
for that specific purpose. They must b'
chosen To fill the vacancies. An once
elected for full term never fills Vacanc.
happening previously to the commencement
OF said full term in virtue OF his eleclioi
Tor the full term. Az we said the other DAY
IL Colonel WITHERs were to resign his sea
in the United States Senate to-day Genera
MALONE could not take it. The Legs
lature would have to elect some on
to fill the uneXpired term. 80
to the new county judges. III we wer
to admit, as we do not. that The Legs
lature could under the Constitution cleo
county judges to hold only during the pre-
sent year, then we should claim OF cou's
that such election would have to be spe
cial electIon-an election held, as in the cas-
OF senator, expressly for the purpose
filing a vacancy. A Judge elected to tax
Office next January has no more right U
claim the Office OF county judge during TIL
year than a senator elected to take oihc
March 4, 1881, has to claim the right to II
vacancy that might happen this year
the United States Senate.