The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-29

| all elections 10 ill vacancies I'm the Office Of
Judge OF any court are for the uneXpired
term OF the former judge" and adds that
"such has been the practice heretofore,
and the uniform action OF the General As
semblies, composed, as they were, by the
'ablest and best people Of the State since
the adoption OF the Constitution OF 1869;
and there appears TO have been no doubt
on this subject until decision was rem
dered by divided court In the case Of er
pdrte Meredith, 33 Grattan, as cited above"
[Thc case referred to here was the con-
test over the judgeship OF Prince William
county, where a Judge elected In 1878 to
I'LL vacancy occasioned by the death OF the
former judge was attempted to be ousted
by the action OF the Legislature OF 1sT9-'S0,
In deciding that the term OF said Office had
expired. and electing a judge therefore,
The minority report, which was signed
by all OF the Democratic members Of the
committee, after quoting from numerous
decisions OF the Court OF Appeals on the
subject, recommended the following rcso-
luton for adoption by the House; THAT
I'm all elections by the General Assembly OF
Judges. the election is for the fuH conStitu-
tOndl term, as interpreted and defined by
monwealth."
The question was on the adoption OF the
! minority report a. substitute for that OF
the majority.
The subject was ably discussed by MeSsrs.
Coghill. Spotswood, Griffin. and Scott Of
Fauquier on the Democratic side. and Mr..
Taylor Of Montgomery in opposition.
At315 O'Clock p. VI. the House diOumed
without reaching vote.
The minority report quotes the following
from the Constitution:
"All Judges shall be commissioned by
the Governor, and shall receive such Sala-
ries 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 Isl 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 terms
begin"
And adds: What is the meaning Of the
language contained in the various sections
OF the Constitution quoted must be adj
Judged by the courts having jurisdiction.
1t cannot be reached by legislative enact
inpnl. l ne tOnSIlutlOn II tue lunutllltutti
law. II must be obeycd by all. II can be
construed only by the courts. The legis-
lative and judicial powers are separate and
distinct; neither can usurp the functions
Of the other; the former makes laws; the
latter copStrUes the law.
The Court OF Appeals Of Virginia. the
tribunal OF last resort has construed the
Constitution quoted above. and their deci-
sons answer the question propounded to
this committee.
This high authority has adiudged the
judicial term OF Office ga unit" and hold
that there can BE- no such te'1a as san Uncr-
pired term"
THE VIRGINIA HISTORICAL SOCIETY.
In the House Friday, on motion OF Mr..
Il. Wiley Davis, permission was granted
the Virginia Historical Society to use the
hall on the evening OF the 22d OF February.
THE CAUCUS POSTPONED.
Clerk McCaull yesterday gave notice
from the Clerks desk OF the House that in
consequence OF the action OF the Senate in
adiourning over to wednesday the Read
juster caucus announced for Monday night
had been postponed until further notice.