The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1880-01-07
rha Nevv County Judges.

amnorsant Question. When we first read ~,
we thought that liz suthor was under .
wrowr impression ~ 10 when the term OF
once Of the county judges elected IN 1873
would expire; Tut upon a more careiu'
examination OF Il, we iud the point 70 DC
that the provision Of the Constitution when
declares that "their terms OF ofhce shall
commence on the list day OF January next
following their appointment ssmandafcry
and cannot be evadcd; and therefore toa'
che coao,y Judges now In Office mus con-
ainue TO perform the duties OF their respec'
tive Offices until the lat day q next jan
nary under that section Of the Cons,i'
tuson which provides that ~1udge'
ard all other officers, elected or ap'
sointed, thall continue TO discharge
she duties OF their Offices after their terms
Of service have expired until their success
ors have qualified" The neS county judges
elected in December were entitled TO enter
upon the discharge Of their dnties upon tr
1st OF this month, because shat day was
"the LIST day OF January next following
their appointment" But the new County,
sudees 10 be elected this year-tbat Is all
elected after the Isl day OF January. 1850
must wal. until the LIST day OF January
1881, before they can eRter upon Inc U.S.
charge Of their duties, because in like man
ner that will be "the sst day OF January
next toto wing their appointment"
We do not know Of any mode OF con-
struisg constitutions which will enable tue
couaty Judges yet to be elected to 'eVade
the .xplicu words Cd the State Constftu-
tio.. II 10 not an important matter to them'
Il Is true, ss they Will be entitled to serve
six years aud no more, let them go ineeoiiice
when they will.
Pittsy,yaniav r. certainly right ms 70 the
construction which he puts upon the
words. land they shall discharge the du-
ties OF their respective Offices from their
first appointment and qualification under
this Constitutions until their terms begin"
The force OF this language was exhausted
in 1870. 1t applied only to ".frSt" appoint
ments under the Constitution. The Consti-
tution means now just what it wOud mean
il those words were not in it. They have
performed their office, and are dead.
The Constitution also provides that the
Governors term OF Office shall commence
on the LIST day OF January next succeeding
his election" Ii was intended by the
trainers OF the Constitution that the elec-
eral Assembly should take place at the same
time with the election OF members OF the
national House Of Representatives. But
owing TO the fact that the taking Of the
sense Of the people upon the question OF
ratiiying the Constitution was postponed
from time to time, and finally done in tue
off-year when there were no elections held
for congressman, it was decided to be me-
cessary to provide by law for the regular
recurrence Of the Governors election in an
on-year; for the language above quoted
was thought to be too explicit TO be evaded.
His term OF office began January l, 1871,
and would necessarily expire with Deem
Der 81, 1875; and therefore the Legislature
was forced 10 provide that the election OF
his successor should take place in 1S74-at
a time previous TO the day OH which the
Constitution provides that MS term OF once
shall commence.
Reasons somewhat similar apply TO the
case before us. The Constitution provides
that county judges shall 90 into Office "on
1.-The 1st day OF January next following their
appointment" Language could not be
more plain, nor its meaning more unmis-
taxable. II the Legislature had possessed
and had exercised the power to postpone
the Governors election OF 1877 TO 1878, the
Governors term of Office could not have
commenced until January l, 1879. 1t is a
command OF the Constitution which caunot
be eeaded, overcome, or explained away.
To say the least, all will admit that the
Supreme Court OF Appeals SHOULD be called
upon to settle so important question. A
case can easily be made up in any county
whose judge shall have been elected this
year. II might be considered singular
state OF things to have a few county Judges
whose terms will expire one year before the
terms OF the others Will But such q state
OF things would by no means be novel or
unprecedented. Under former constitu-
tutIons judges Of the Court OF Appeals held
Office for twelve years no matter when they
went into Office. The election OF one Judge,
therefore, took pisee 10, one year, Of another
In another year, and 30 on. Indeed, it is
by no means certain & hat such is not the
constitutional recurrence 1T at present.
CHATHAM, Va, January g, 1880.
EdifovS Dispatch rite to call your
attention to section % OF article 6 Of our
Constitution, with referenc, ? to thesQualitca-
ton OF county.court tud, res, the provi-
sions OF which section must doubtless have
escaped the notice OF our q eneral Assem-
bly,. The section alluded 10 Vide Code Of
1873, p. S9). after providing 10 the salaries,
&C., OF couDty.court judges, goes on to
say:
Their terms Of office shall CO mmence on
the LIST day Of January merit foih ',oing sheir
appointment, aud they shall dis, barge the
duties OF their respective Offices Il ON their
hrst appointment and qualfcati, IN utd der
this Constitution until their terms begin"
To one unacquainted with the int ent ard
purpose OF the after portion OF this c 'ause OF
the Constitution and the circum fances
under which 1t was adopted 1t mights 'Dpea'
that II so far qualities the first portion a. to
enable the county-court judges soon to be
elected TO displace the old ones, who hold
over In Office until their successors qua NY, |
aud assume the duties OF the positions pl Tor
to the LIST day OF January, 1881. A carei ul
however, Of the latter 10 r
ton Of this clause, and an inv6 stigaion [
the circumstances under which it was
adopted, Will, l think, conclusively show !
hati IN does NOT ttalifv fOr oil time tho prp- I