The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-02-20

In the Supreme Court yesterday Judge
Moncure delivered the following opinion :
The Constitution OF Virginia, which Is
publis he'd in the Code OF 1878 (pp. 60-10l),
contains the following provisions, which
seem 10 be material 10 be considered in the
decision OF the question low before the SUI
prcme Court Of Appeals in regard 10 coun-
ty-court judges.
Code, p. 81. Article VI, section | a:
" There shall be Il supreme court OF appeals,
circuit courts, and county courts
Page IS, section ): The judges shall be
chosen by the joint vote Of the two houses
OF the General Assembly, and shall hold
their Office for a term Of twelve years"
Page Sc, section IL: "FOr each circuit
Tot the sixteen judicial circuits, into which,
by section 8 OF the same article, the State
was directed to be diyided) Judge shall be
chosen BY the Joint vote OF the two houses
OF the General Assembly, who shall held
his Office for a term OF eight years, unless
sooner removed, in the manner prescribed
by tlSs Constitution"
Page 81, section 13 (headcd County
| CourtS"J: In each county OF this Com
mOnwealth there shall be court called the
county court, which shall be held monthly
| by Judge learned in the law Of the State.
and 10 be known as the COUNT oIrt judge;
provided, that counties containing less than
| eight thousand inhabitants shall be attached
| to adjoining counties for the formation OF
districts for county judges. County-court
! Judges shall be chosen in the same manner
| as Judges Of the circuit courts. They shall
| hold their office f)r a term OF six years, eX-
cent the frs term under this Constitution,
which shall be three years, and during their
continuance in office they shall reside in
their respective counties or districts. The
! Jurisdiction Of SAID courts shall be the same
as that OF the existing county courts, eX-
cent 20 far rs it is modified by this COnsti-
| tuition, or may be changed by law"
! Page 50. General Provisions"
| sSectiOn %. All the Judges shall be COM
missioned BY the Governor, and shall re-
ccive such salaries and allowances as may be
! determined by law, The amount Of which
shall not be diminished during their term Of
Office. Their terms Of Office shall commence
on the lst day OF January next following
their appointment; and they shall discharge
| the duties Of their respective Offices from
| their first appointment and qualification
under this Constitution until their term:
begin.
"Seclion %. Judges may be removed
from Office by a concurrent vote Of both
houses Of the General Assembly, but 4 ma
| iOriy Of all The members elected 10 each
| house must cOncur in such vote, and the
cause OF removal shall be entered OH the
journal Of each house. The Judge against
whom the General Assembly may be about
TO proceed shall baye notice thereof, ac.
cOmpanied by copy OF the causes alleged
| for his removal, at least twenty days before
! IL, - In ltsV,-
| eral Assembly shall act thereon"
| Section %. Judges and all other olli-
GERS elected or appointed shall continue to
discharge the duties of their offices after
their terms Of service hgye expired until
their successors have qualified"
The foregoing
! ARE ALL THE PROVISIONS OF THE CONSTITUTION
which seem to have material bearing on
! the subject under consideration.
The last term OF six years OF the county
court judges OF the state commenced on
! the 1st day OF January, 1874, and ended on
The last day OF December, 1879. The sue
ceeding term OF six wears of the said judges
commenced on the lst day Of January, 1880,
and will end on the last day OF December,
| 1885. The Judges elected for the last term
cease d TO be judges at the end OF that term,
J y
are to continue to discharge the duties Of
their Office after their terms of service have
expired until their successors have quail
fed"
As soon as their successors have qualified,
then, Of course, they VIII instantly cease TO
discharge those duties.
The election OF Judges OF the county
courts :or the term OF six years, which
commenced on the 1st day OF January
1880, deVOlved on the present Legislature
which certainly entered upon the discharge
OF that duty in due time. Some, and per-
haps many, Of those Judges were elected
and qualified before the lst day OF January
last, and no question has been raised, nor,
presume, can be raised, as to the legality
or regularity Of their appointment.
But all OF the appointments were no
made before that day. Why not, does no
appear. Doubtless different reasons existed
in different cases. Some OF those reason
NAV have concerned the old incumbentS o
the office and the question Of their reap
pointment. Some OF them may have con
cerned the question as 10 propriety o
choice between competitors for the office l.
various cases. At all events,
THE LEGISLATURE,
.
to delay the completion OF the election 10
a few days after the lst day OF last Jan
nary: after the lapse Of which few day
they completed the election, and the per
sons so elected qualified according to law
and proceeded to enter upon the eXecu
tion OF the duties OF their offices. But IL
some OF the cases, at least, the old incum
bents denied their right 10 do so, anC
claimed riOht for Themselves to hold on L
the Offices and perform all their duties ant
receive ak their emOluments until the Is
dav OF January, 1881. Notwithstanding tht
election ard qualification Of their successor
and the offer OF the same TO enter upon an(
perform Immediately and henceforth th'
duties OF their offices. The said old in
cumbents paced their claim alone upon The
ground OF the appointment and qualifica
tion OF their successors after, instead OF OF
or before, the 1st day Of January. II sucl
appointment and qualification had been OF
or before that daY, they would nave mad'
no difficulty or raised no question on th
subject.
Now, can it be that this accidental della,
for a few days in the appointment OF tn
successors in these offices is to have such al
important effect as would be produced b.
sustaining the views OF the old incumbent
who are competing in this casef
COULD THE FRANERs OF THE CONSTITUTION
have intended that circumstance so appa
rently slight and immaterial as few days
difference in the time OF the appointment
of q Judge OF the county court VINO mlSh
be appointed on the 3lst day OF December
1879. or on the lst day OF January, 1880
should Rave such an important effect as tha