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

n.l w nat the I/tSDntCN says NiiH wv
cnce 20 the removal Of the Governor Is not,
that can sec. pertinent 10 any question here
under discussion. (2.) suppose the Cover
nor were 10 die, resign, or bc removed!
Under section 10, article 4, the Lieutenant
Governor would succeed 10 the Office.
Will the Dispatch contend that he would
succeed TO the full term! 3D. suppose
that there was no observation-disclosures.
then under the same section the General
Assembly would have 10 "provide by law
for the discharge OF the executive func-
tions." Suppose that under this provision
the Legislature should elect Governor!
viii the DisDdtch contend that the courts
have the right TO say that the election shall
De by the people p" Reason" IN the
Wing.
a. Section - of Article V. gives the
Legislature a. much power over the Gov
ernor as over the judges. Therefore what
we said the other day iodS pertinent; be-
cause II the Legislature can, as the Read
justcrs contend, remove Judge BuRHs un"
der TINT section, il can remove Governor
CAMERON. The reasons may be good or
bad; but that doesn't matter at all; for the
General Assembly, they contend, is the sole
judge.
al or course not. Nor would we con-
tend that Judge BURKs was elected for a
full term II the Constitution had provided
that the judge Of n certain circuit should
succeed Supreme Court Judge in case Of
his death OF resignation. This fact would
be conclusive evidence that the Judges OF
Of
tended to serve out uneXpired terms, just rs
81 the constitutional requirement in regard TO
the Licutenant-GOvernOr Is conclusive evil
dence that he would in the case of the death
or resignation of the Governor serve out the
Governors uneXpired term. But as there
is no provision in the Constitution which
can be tortured into limitation Of the term
OF a Judge elected to ill a vacancy, and
especially as the Supreme Court OF Appeals
has decided that all judges are elected for
full terms, il does not seem to Us that any
good citizen has the right to raise ques-
tion on the subject. 1t ought to be sufii-
Gent for him to know that the tribunal au-
thorized by the Constitution itself TO settle
all disputed questions rs to constitutional
construction has made it his duty TO recog-
nize every judge elected to office in Vim
ginia rs having been elected for full term.
(3.) No. Because the power is expressly
given 70 the Legislature to "provide by
law for the discharge Of the Executive
functions i'm other necessary cases" than
those provided for in the Constitution
itself. But the Constitution has no such
provision concerning judges. II il had,
we should never have raised question on
the subject. We discuss the questions liz
yolved upon the basis of principle. We
have never even said that the decision OF
the Supreme Court Of Appeals on this
question was such a one rs we would have
rendered. We say only that it is their de-
cision; and, being their decision, binds us
and all other citizens OF Virginia. Sup
pose the Constitution contained the follow
ing provision:
"In case of the removal OF q Judge Of
the Supreme Court of Appeals from office,
or OF his death, failure to qualify, resigna-
ton, or removal from the State, the Office
shall devolve upon circuit judge to be
designated 10y the Governor; and the Gen.
'eral Assembly shall provide for the dis
charge OF the duties Of the Office in other
necessary cases."
Such is the provision in regard to the
Governors office; and such a provision in
regard to the judges would be conclusive
evidence that they, like the Lieutenant
Governor, could only serve out an meX-
plrcd term. But, we repeat, there is in
the Constitution no such provision touch.
ing the judges, and therefore Reasons "
questions do not at all embarrass Us, nor
initiate against our conclusions.