The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-01
Lauehable, Indeed.

The Wig OF yesterday III ah "'''e
column long reaches the climax OF absurdity
In its Civilizations over what it supposes 10
Ia dilemma into which we have been
p,sced by our Culpeper friend, but which
IL really a trap into which we have unin-
tent,cna,,y induced the Wing TO step. Here
IL specimen OF the Whig's exulting re-
marks:
"Tbe case. thus, upon It's evident merits
In fatty against the judges and In favor OF
the legislative authority; but when in
nracticc II IL shown that though five Judges
~ the Supreme Court Of Appeals were
chosen last Saturday 10 ill full regular
terms beginning on the LIST OF January,
1854. vet the five judges now In office may
resign tomorrow and create vacancies In
their unexpired terms. the Judicial doctrine
becomes so absurd and ridiculous that even
the Dispatch, in utter confusion, recog-
nizes the fact that vacancies in uneX-
pircd terms Of judges may be pro-
yided for by the Legislature! But
how. n the decision Of the Supreme Court
Of Appeals is TO stand that Judge can
only be elected TO o full term? How, IL
Judge elected to all unexpired term may,
under the decision OF the court and IN de-
fancc Of the Legislature, hold Tor iull
termY II that decision be correct, then IN
case OF vacancies occurring now in the I'M
expired terms Of the Supreme Judges the
men elected TO those vacancies will hold
for twelve years each, beginning on the
III of January. 1888 lin addition to the
remainders Of the ancrpred ter1ns).
and the men elected on Saturday VIII be
ousted!-
In order 10 show that the abovcis wholly
n .biundcr on the part Of the Wing, and
that the decision Of the Supreme Court of
Appeals that all judges elected in Virginia
are elected for full terms is entirely con-
sistent with the provisions OF the present
Constitution, il is only necessary for Ills to
quote from the Constitution Of Virginia OF
1850 the following provision:
"But special elections to fill vacancies in
the office Of judge Of any court shall be for
a full term"
Thus 1t appears that under the Constitu-
tion OF 1850 part Of the organic law OF
the State was that all judges elected in Nir-
ginia should be elected for full terms: and
thus also it appears that what the Wing
calls an "absurd and ridiculous doctrine"
was o positive requirement OF the Consti-
tutlon. Thus also it appears that ii under
that Constitution all the Supreme Court
Judges had died or resigned after their
successors had been elected and before
the time for their taking Office, the
vacancies would necessarily have been
flied in the manner set forth in the Dis
patch Of Sunday. In word, our case is
completely made out; and all the Wings
premature growing is shown to have been
in reality a growing over the supposed
"absurdv notions OF the best lawyers
Virginia could boast Of when the Consti-
tuition of 1850 was framed. The "iudicial
doctrine" OF the profoundest lawyers OF
the Virginia OF 1850 is declared by the
Wh1 to be "absrrd and ridiculous -!
Let us repeat the Whig'S language, simply
altering 1t to make it apply to the provision
of the Constitution Of 1850 as quoted
above, instead Of to the decision Of the
present Supreme Court Of Appeals. The
reader has already seen that the decision
and the constitutional provision we have
quoted are one and the same thing. We
quote again:
"But when in practice ii Is shown that
though five Judges Of the Supreme Court
OF Appeals were chosen last Saturday to
fill regular terms beginning on the 1st OF
january, 1888, Yet the five judges now in
Office NAV resign tomorrow and create va
cancies in their uneXpred terms the proui-
sion of the Constitution made by the great
est ldrPrs in Virginia becomes so absurd
and ridiculous" dc.
[Words in italics oWs.]
How does that read? And yet that is
the dilemma in which the Wing finds itself.
Recollect, reader, the provision above
quoted from n former Constitution Of Vir-
ginia, which is rs follows:
"But special elections to ill vacancies in
the Office OF Judge of any court shall De for
a full term y
And then read AGAIN the Wigs blum
dering comments, and laugh at them. Let
MS requote them:
"But how il the decision of the Supreme
Court OF Appeals is 10 stand that Judge
can only be elected to full termf"
You see the Wing supposed that to be
clincher, and yet that is exactly what the
old Constitution itself provided, and what
IT did not leave for the judges to decide.
The same Constitution contained the pro-
vision we quoted on Sunday last as cover.
ing all cases not otherwise provided for il
that Constitution. Let us quote the VIII.
again, four words in itaIicS:)
"If that provision OF the Constitution
of 1850 be carried out, then in case of vacan
cies occurring now in the mcxpired term
OF the Supreme judges. the men elected Il
those vacancies will hold for twelve year
n each, beginning OH the 1st OF January
1883, lin addition to the remainder of tn
unexpired terms,) and the men elected OIL
Saturday will be ousted!"
Wonderful logic. What fools the Judge
and other lawyers Of Virginia were in 1850
Ii was reserved for the negroes, scalawrgs
and carpet-baggers of the UNDERWOOD Con
yention 10 improve upon their work