The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-02
A Few More Words About Judges.

are elected for full term, and the state
Constitution providing that the term OF
each Judge shall begin on the lst DAY oil
January next following his election, II does
not require unusually large percep'iVe
powcrs 10 enable the average man 10 see
that the Rcadjusters cannot possess then-
selves OF certain judicial offices IN Virginia
before 1885 unless they can in some way
reverse the aforesaid decision OF The SUI
preme Court Of Appeals. Hence these
desperate efforts 10 make breach IN the
walls Of constitutional rights which sur
round the incumbcntS. Hence the lnlsefa-
bic farce OF getting thirty-cight men in the
House Of Delegates. Of whom not nan
dozen are LAWYERS. TO engage in the work
a reversing a decision OF the highest JUDI
cial tribunal in ihc Commonwealth!
There are several Judicial offices which
thst High Cour. OF Appeals Gin the House
IS Delegates composed Of three or four
LAWYERS and thirty-odd men who are not
LAWYERS seeks to reduce 10 possession. Ihese
races cannot be given 10 the faithful unless
the decision in question can be disregarded.
Thus the necessity was forced upon the
Re8diusters Of the Legislature, unlearned
in the law though they be. Of finding some
way in which to shelve the incumbentS.
'rhe terms OF office of the judges we
speak Of will expire at day SO distant
nom the present time that the General As
Sornbly now sitting cannot constitutionally
elect their successors. The prohibition Is
laid upon them by the highest court in the
state: al Judges elected in Virginia are
.leoicd for fuH terms. Thus the Judges
elected 10 fll vacancies are by the strong
hand Of the judiciary department Of the
Stale government placed beyond the reach
OF the grasping legislative department.
The Constitution will not allow them 10 be
removed before the end OF their terms.
The extended arms of the hungry aspirants
arr not long enough TO reach these offices.
VITA, he's followed; The answer IS that
inc legislative department OF the govern
mout has undertaken TO convert itself into
The judicial department, and to construc
the Constitution AMI law, OF the Common
wealth.
DO The people know what this action
mearsy DO they know that the LcgiSla
tune has the same right TO reverse deci-
sion Of the Supreme Court OF Appeals in-
yolying a mans title to hi real estate as 10
reverse a decision Of the same tribunal III
volying a mans title 20 his Officer Such is
81 h.. 4 nfri. Ia
tue any right TO interfere. Read once
more the mandate OF the Constitution OF
Vircinia. so important Is the matter that
II 4. made the Subjec; OF IN entire article.
II j. thus separated from all other matters,
~ II 10 other i'm the Constitution were Oi
equal dignity and importance. And here
il r.. Read il:
"The legislative. executive, and judi
ciary departments shall be separate and
distinct, so that neither exercise the pOrerS
properly belonging 10 either II the others"
could language be palmer or more easily
understood! The words in italics forbid
the action which was taken by the House
Of Delegates on Monday last when that
body attempted to perform a duty imposed
by the Constitution and laws upon the SUI
premo Court OF Appeals. The caucus that
nominated 5. Brown ALLEN for election rs
Mr.. MAssEY's successor had just as much
rich. 10 reverse the decision Of the SUI
prone Court Of Appeals Is had the thirty
eight non-experts who so solemnly resolved
the other day that IN their opinion c)
1 Il. 10, 4 s,.rt,. 20. s.s.xs..
out uneXpircd terms.
We'll, let these legislative judges elect
successors TO all the real judges whose ten
IRE oi Office was supposed by these learned
Rcadjusters OF the House OF Delegates TO
he dependent upon their opinion. How
win the new judges obtain possession OF
the Offices? And when: \ judge can't
bc elected this winter to take Office after
December 1888, when the next Legislature
will meet. Nor can Judge be constitu-
tionally elected TO take one of the contested
Offices on the 1St Of January next; be-
cause, whatever may be the opinion OF the
LEGISLATURE, the decision Of the Court OF
Appeals is the law OF the land, and every
=
incumbent Judge is bound to hold that he
is the lawful incumbent. So also the new
Court Of Appeals will be bound to de-
clare that an election OF judges held in
defiance of the decision OF the present
Court Of Appeals was nm unlawful
election. II will not make the least
difference that the new Judges may
think the decision wrong. That question
cannot be raised. The only question they
will be called upon 10 decide will be, Had
the Legislature the power IN February,
1882, 70 elect judges TO fill vacancies which
This high court Cunder different judges
had decided did not exist: And this ques-
ton will be decided in the negative. The
new court may i'm some case render a new
decision reversing the old one. This the
new Judges will have the right to do. But
they will also be rs jealous Of their rights
Is the present judges, and win decide that
all elections OF judges made in contempt of
decision Of the Supreme Court OF APP
peals are as il they had never been made.
The Readiusters of the House Of Dele
gates had better retrace their steps. As to
the Senate, we will not believe that a body
one third even Of whose members are law
yers can ever be dragooned into an at
tempt TO reverse decision OF the Supreme
Court OF Appeals.
WHY ask Mr. RiddleherOer II he IL a Pc