The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-22
8nl,nlond gispatth.
WEDNESDAY. FEBRUARY %. 1882.
Rant rrpon Mischief.

force CoDuiVt WIN wv N"
as follows:
"U Is In vain that either by the doctrine
of contract, or by that OF constitutional
construction, II he attempted TO defeat The
Constitution and coerce the legislative de
partment. Here Is not mere construc
ton Of law--it is conteSt between th'
legislative department and the judiciary
department rs to which shall fix anC
determine the terms OF judges. III Is
clash ms TO constitutional powers be-
tween the two. and the Legislature, from
the very nature OF the case, mus
assert it, authority under the Consti'
tuition as the Legislature understands
II. We do not say that II is even the T~h'
of the Legislature to do this In other eases
not involving the question OF power mere
Mt issue: but here il is not merely a right,
but duty-an imperative duty from whici
no man will shrink. Otherwise, upon the
theory Of the Dispatch, the courts can pro-
feet their Offices from being abolished, can
nulify all legislative declarations as to iu-
dicial vacancies, can prevent the removal
and impeachment OF judges, and, instead OF
being at all subjec. TO the Legislature, can
coercc and control il at will-insomuch
that offending legislators (ReaGiustcrs, for
instance) may be hailed before the court,
and dealt with for contempt"
We quote at much length that we may
do no injustice to the Wing, nor to its
marty. We had asked whether any mem
Der Of the Legislature would dare to set
UP his opinion that Judge WEEDoN, or
Judge CHRISTIAN, or Judge BURKs, was not
entitled TO hold office for full term, against
the solemn decision OF the Supreme Court
OF Appeals that all judges were elected
for full termss The above is the Wings
answer. II is candid avowal Of revolu-
tionary purposes; for the General Assem-
bly, has the same right to legislate the Gov
ernor, Lieutenant-G Governor, and all other
officers. out OF Office which it has to legis-
late even one Judge out OF office. That is
to say, IL has no such right at all, and its
attempt TO do so will be usurpation OF
judicial functions by the legislative depart
ment OF the State Government.
1t will perhaps be as well to have all the
questions involved in this controversy set
tied now rs at any future time. IL officers
whose terms are fixed by the Constitution
at four or eight years can be legislated out
Of Office at the end OF two or three years,
then it will be useless to frame any more
Constitutions. A Legislature which can 90
that can do anything else. Constitutional
inhibitions are not worth the parchment
upon which they are engrossed. The
Judges, instead OF being Independent, will
y ot ho ~ / ~
gislature. This Legislature will elect
Readjuster judges and other officers, and
the next Legislature will turn them all out
and elect Democrats in their places. The
Governor, Lieutenant-GOvernor, judges,
commissioners OF the evenue,-indeed, as
we have said, all officers will be mere tools
Of the legislative department of the Gov
eminent. II they appeal TO the courts,
the courts will not dare to attempt to pro-
tect them. Or, il they shall attempt 10 do
so, to what goods The all-powcrful Lee
gislature will dispossess them OF their Of
fees, and ill their places with its own
minions.
Fortunately. however, II the present
Legislature shall undertake the role Of rev.
olutionsts, the United States courts will
have the final decision of the questions in
volvcd. Were il question merely a to
the construction Of the State Constitution,
the Federal courts would not interfere.
But happily the Supreme Court OF the
United States may be called upon to de-
eide all these cases for there is involved
IN all OF them question arising under the
Constitution Of the United States. The
State is bound to pay her circuit judges,
for instance, their salaries for the full term
for which they are elected. The State Con-
stitution expressly provides that their
salaries and allowances "shall not be di-
minished during their term Of Office" The
same Constitution provides that their terms
shall he eight years long. The Supreme
Court Of Appeals has over and over again
decided that they are all elected for full
terms. Here is ut once a question as 10
whether the obligation Of contract has
been impaired. The Federal Constitution
also provides that no State shall deprive
any person Of "property without
due process Ct law. The Readiusters
need not fear that the Federal courts
will fail TO assume jurisdiction in such
cases. That court is surely Independent.
VIII that august tribunal fail to find rea-
son for asserting its jurisdiction when the
eases Of more than dozen judges lone OF
them judge OF the Supreme Court Of APP
peals) come before il, and it Is shown that
sixty or seventy non-professional men lin.
GLIDING more than dozen negroes) had
undertaken to deprive those Judges Of
Office in violation OF the State Constitution
and by the mere brute force OF the legisla.
tive department Of the State Government
The Wig says " it is a contest between
the legislative department and the judi.
ciary department as TO achich shall fr ana
determine the terms Of judges" That's
just what II IL. And as the courts un.
doubleday have the right TO decide such
questions, and the Legislature has no right
1 TO decide them. II Is not difficult to foresee
how the lawyers OF the whole United States
Will look upon such contest" And
such "contest." A Legislature claiming
the right 10 "yfr and determine the terms
Of judJes."
The Educational Journal Of Virginia
Tor February is out. w. +. Fox, editor,
Richmond
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We return thanks to Hon. j. W.