The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-10
ALL JUDGES ELECTED IN VIRGINIA
ARE ELECTED FOR FULL TERMS
ruE CELEBRATED OPINION OF THE
SUPREME COURT OF APPEALS IN
THE PRINCE WILLIAM CAsEs.i
The Real Parties are weldon and
Howison...
Er parsc Msredth-Ex porte Harrison.
fAprii IL
Absent. Burks. j.


fApri IL
Absent, Burks, j.
4 Sudgo OF the County Court who hss bccn eiectct
to I'LL n vacancy occssioned by The death OF !
former Judge is elected for fui term 81 81,
ssamsr ana d nU. ' And "t iais i equally true
Jsdxcs % The Court Of Appeals aud the CIR
cult Courts.
The question In this case was, Who was
she Judge OF the County Court OF Prince
william In March, 1878, John {. Weldon
was elected Nv the General Assembly and
commissioned by the Governor Judge OF
the County Court OF Prince William to fill
the vacancy in the Office occasioned by the
death OF Judge Aylett Nicol. In January,
1850, Charles q. HowisoD was In ike man.
uer elected and commissioned ~ Judge Of
said County Court. To have the question
settled ~ TO which OF these was the Judge
of the court, each Of them held the court
at its March term; and Judge Weldon
made an order committing William q. Har-
Yisou, the deputy sheriff, for refusing 70
obey an order made by him, and Judge
Howlson made n like order committing
Elisha u. Meredith, the attorney for the
Commonwealth, for his refusal to proceed
with the prosecution OF prisoner. And
Harrison and Meredith thcreupou applied
10 this court for writs Of bobeds corpus.
BENJAMIN Il. Suite and Frank W. Chris
tian for Meredith.
There was no counsel for Harrison.
STAPLES, J.-This Is m application for
writs OF hdbe0s corpus in two cases. The
petitioners are, however, merely nominal
parties. The real controversy, which Is OF
an amcable nature, is between Hon. John
G.. Weldon on the one hand, and Hon. C.
q. Howison on the other, each claiming to
be the Judge Of the County Court OF Prince
William.
The former was elected in the month OF
March, 1878. TO ill vacancy occasioned by
the death Of Judge NicOl. The latter was
elected at the last session OF the Legislature.
The sole question 10 he decided Is whether
Judge Weldon was elected and is entitled
to hold for the full constitutional period OF
six years, or for the remainder OF Judge
Nico's unexpired term. This question in
wolves the official tenure OF one OF the
Judges OF this court, two or more judges OF
che Circuit Court, and several judges Of the
County Court, and is otherwise OF consider
able importance and interest in the admin
istration OF justice.
By reference to 18th section OF article 9th
Of the Constitution we find the following
provision upon the subject OF the county
Judges
"County judges shall he chosen in the
same manner as the judges Of the circuit
courts. They shall hold their Offices for q
term of Sir ycdrS, except the first term I'M
der this Constitution, which shall be three
years" The provision relating to The cir
cult Judges Is rs follows (" For each circuit
a Judge shall be chosen by the Joint vote
OF the two houses OF the General Assembly,
who shall hold his office for term OF eight
years. II is also provided that the judges
Of the Court Of Appeals shall hold for q
term Of twelve years, and the judges Of the
corporation courts for a term Of six years."
These are
ALL THE PROVISIONS OF THE CONSTITUTION
having any bearing upon the question that
need now be mentioned. II will be oh
served there is no reference whatever TO
smexpired terms of judicial officers. No
distinction Is made between the term OF
county Judge elected at the expiration of
the constitutional period OF six years and
the term OF Judge elected to fill va
eancy occasioned by death, resignation, or
removal.
Whenever elected, or for whatever ptir-
nose elected, the incumbents shall hold for
six years. The language is general and
positive. 1t embraces all the judges. 1t
refers to the offices Of all. II, therefore, In
any case we hold the duration OF term to
DC less than six years, it must be done by
supplying words not found in the CoDsti-
tuition. The I'd section OF the 9th
article provides that the Governor, du-
ring the recess of the General As
sembly, may ill pro tempOre all yacan-
cies in those offices for which the Con-
stitution and laws make no provision, but
his appointments shall expire at the end OF
thirty days after the commencement Of the
next session OF the Legislature. Now, as
the duration Of the Governors appointment
Is expressly limited, If 1t was intended that
the legislative appointment, upon the hap
pening OF vacancy, should be also limited,
fhe fair inference is il would have been 80
expressly declared. The term Of an office
II the estate or interest the incumbent has
IN il. When he abandons or iorfeits that
interest by resignation or removal the Office
rcverts to To, people OF other appointing
power.
VACANCY Ex vi TERMINI
means vacancy in the Office and not In the
term. When we speak of vacancy In an
Office we mean there is no incumbent-no
one entitled TO exercise its powers and re-
ceive its compensation Abbott, Law
DtctiOtEtIly U-t. tViit CSs w ditt, ~ " citust
~. When an election is made TO fill a va
cancy, the election carries with II all the
rights, immunities, and privileges attached
20 the office, one Of which is the right to
hold for the full period prescribed, and not
10 merely serve out vacant term Of Office
OF predecessor.
Under the Constitution OF 1929 the cleo
ton OF Judges was for the life OF the in
cumbent. Upon his resignation, or re-
nioyal, his successor was also elected for
life. Could II be said, with any sort OF
propriety, that in such case the election
was merely for the uncxpired term; that
the incumbent would hold only for the life
of his predecessor This would be the
inevitable result il the proposition some
times advanced be correct, that the vacancy
is In the term and not in the office, and the
incumbent Is entitled merely TO the residue
Of the uneXpired term.
BY the express words Of the present Con-
stitution the only mode OF filing the office
permanently, however the vacancy may
occur, IL by election, and when that Is made
il Is declared "they the county judges)
shall hold their Offices for the term Of six
years."
Similar words are found In the constitu-
tons of nearly all the States, and II SO hap
pens they have been judieially construed In
numerous cases involving the identical
question now before us. A reference to
some Of these cases will materially aid our
inquiries here.
In Bauton as. Wilson, Texas, 400.
Hemphill d., in commenting upon 1
IKE PROVISIONS IN THE TEXAS c0ysrIrU-
TIoN,
said when the term of an Office is fixed by
The C0nSfitution af say fOlr vears cach