The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-17
githulond. 1ispatrh
FRIDAY. FEBRUARY ~, 1882,
vaoanoies Not to be Made.


s,.tution "for the removal OF judges. IL
has absolutely no power whatever TO de-
chrc that vacancy exists in any judge
hin which has an incumbent. II cannot
create vacancies by It's mere declaration. III
cannot, in q word, by its mere declaration,
make that fact which is not fact.
Il is a great calamity to the Common
wealth. that there arc so few lawyers
smongst the Readjustcrs Of the Lcgisla-
.nrc. That body would he much more
conservative than IL is II there were twenty
good Roadjustcr lawyers in II; for after all
/. laid and done, md notwithstanding their
many shortcomings In other respects, the
members OF the bar are the most
conservative class in the community.
They understand more thoroughly than
any other class the Importance OF the
le-al maxims with which their stu
dies have made them familiar, and are
mere apt to forcsee Che evils which
would result from a disregard OF those
naxims. What they know to be tr'iisms
other men less learned in the law Though
thev NAV bc more learned in other studies)
may not understand to have in them even a
basis of truth. Let us examine one proyi-
,icn OF the state Constitution which seems
IN have mislcd a number OF persons. IL is
in section - OF Article V. 1t reads as fol-
lows
The General Assembly may declare the
eases III which any Office shall be deemed
vacant where no provision Is made for that
purpose in this Constitution"
This language is not q provision for
creating vacancies. There might be doubt
in some cases rs to whether there was va
cancy or not. In such eases the Legisla-
turc may solve the doubt by law. But the
provision quoted cannot be construed so as
10 give the Legislature the power to create
vacancy where there is no doubt on the
subject.
Read the provision again. 1t does not
apply to judges particularly, but to all Of
fccrs. II the Legislature can under this
provision declare that there is vacancy in
the Office OF Judge actually in office be-
cause re is old, OF feeble, or not good
lawyer, or for any other reason, then the
same body can declare that there is va
carey in the Office OF Governor. TO Illus
tra;c. let lis say that il the present Legsla-
furc can declare that there is vacancy in
the Office OF Judge held by Judge BuRRs,
or by any circuit or county judge, and
can constitutionally elect a successor TO
him and thus deprive him OF his office,
it follows necessarily that the next Legisla-
ture (or this one rs TO that matter) will have
the power TO declare that there is a yacan-
cy in the Office of Governor, and order
new Governor TO be elected as provided by
law.
But inasmuch a. II is absurd for the Le-
gishaturc 10 claim the power thus to re-
move Governor, il is equally absurd Tor
that body TO claim the power thus to re-
move judge. The constitutional proyi-
sion quoted cannot be construed to author
ize the removal OF either a judge or Gov
ernor because the Constitution itself pro-
vides how judges and Governors may be
removed. A Governor cannot be removed
from Office under that provision; because
lii' piONluOc iutib q oONtiHOi
must be impeached by the lower house and
tried by the Senate. a judge cannot be
removed from Office under that provision
because the Constitution provides that a
judge must either be impeached and tried
In the same way as Governor, or else re-
moved under section 30 OF Article VI.
There Is no other method OF getting rid
either of q Governor or OF Judge.
What, then, does the constitutional pro-
vision under discussion mean: 1t means
that il there be doubt as to whether there
is vacancy or not, the Legislature may
declare by law that there is vacancy. 1t
would be monstrous wrong for the Legis-
aturc to attempt under this provision TO
declare vacancies TO exist in Offices
which everybody knows have incmbents-
to declare that there is vacancy, for
instance, in any Office Tor creating vacan-
cy ia which the Constitution does make
provision. Ii would be an intolerable
usurpation of power, for example, for the
Governor, Lieutenant-Governor or any
Judge, OF any other officer for whose re-
moval the Constitution provides another
mode, to be removed under a provision
which was not intended to authorize the
removal Of any officer OF any sort, but
merely to authorize the General Assembly
to declare vacancies in doubtful cases.
Nj. LADY's bill to declare the offices OF
county supcrintcndents Of schools vacant
may perhaps be a constitutional bill-that
is, Is it will not impair the obligation OF
any contract. The term Of Office of
county superintendent OF schools Is not
liked by the Constitution. Therefore, the
Legislature may make them begin and end
st times TO suit itself. Not so with The Office
of Superintendent OF Public Instruction.
Histerm OF oflicois fixed by the Constitution;
and the Legislature can remove him only
!. In the manner prescribed in the same Con-
stituiion. so as to the Attorney General.
die can only be removed Gin the manner
prescribed for the removal OF Judges"
The next Democratic Legislature will have
no power to declare that vacancy exists
in Mr.. FAIRS or in Mr.. BLAIR's Office.
The next Legislature will have no power
10 remove either OF them under the pre-
tence Of settling doubt as TO whether
there l. vacancy in his office or not.
Finally, Article VI, section &, tells us
plainly that judges can be removed only in
the manner prescribed in the Constitution.
II says:
Section 9. The Attorney-Gener "shall