The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-24
Constitutional Questions.


Surely we have Legislature which has
singular notions as TO Its powers. That
body has no more right TO construe the
Constitution for the Court OF Appeals or
any other court than TO construe It's own
laws for those courts. A law is constitutions
~ which the Supreme Court OF Appeals pro-
pounces constitutional. II every lawyer IN
The General Assembly were OF the opinion
that the court had decided the question Of
the eonstitutionaity Of law incorrectly
his fact would not make the least differ
epec. In other words, there il no higher-law
doctrine taught in Virginia. The Lesisla-
,urc makes laws. The courts decide whether
they are or are not constitutional. The
Governor sees to their execution. Tbs Is
uhat the Constitutions OF all the States
mean when they say that the Executive,
legislative, and Judicial Departments OF
The Government must be kept separate,
and thai neither one Of the three must at
tempt TO perform the functions OF either
ono OF the other two. The Legislature
laws, nor to construe the State Constitution
for itself. 1t must appeal to the courts
when it desires 10 have a constitutional
question decided. In Massachusetts, and
Maine, and perhaps in other States, the
General Assembly has made provision for
having submitted 10 the highest court i'm
the State for it, immediate decision any
rrlestion ~ 10 the proper construction OF
the Constitution which question: the Le-
Islaturc may desire TO have decided.
Every reader will recollect how year
or two ago, when Governor GARCEL0N
was giving the Republican Legisla-
tnre OF Name 30 much trouble, that
hody, instead Of trying to decide consti-
tuiIonal questions for Itself, or pretending
10 decide them, submitted TO the Supreme
Court OF Appeals whatever questions it
desired to have decided. II did not ap-
point committees Of its own body to bring
IN legislative decisions, which are not
worth the paper they are written upon, but
accepted from the highest judicial tribunal
in the State its construction Of the Constr
tuition and laws.
These remarks were called forth by the
Extraordinary spectacle which was yester-
day presented in the House OF Delegates Of
Virginia when the majority Of a commit
toe Of that body reported, in contempt and
in defiance OF the supreme Court OF Ap-
poals, that ''in all elections by the General
Assembly Of judges TO fill vacancies the
same are for the uneXpired terms Of the
incumbent"
The Democrats of the committee. Messrs.
HANGER, II. \. COGHILL, STUBBS, SPOTs-
WOOD, and kEILAN, reported, on the con-
trary, as follows:
mn the light OF the adiudicated cases, it
i clear that upon the term of the Judicial
Office Vireinia's court gives forth no 'un-
certain sound II is clear, ringing, and
unmistakablc. We recommend the adOp-
ton Of the following resolution:
"ReSOiucd, That in all elections by the
General Assembly of judges the election is
ior the full constitutional term, as inter-
preted and defined by the Supreme Court
of Appeals Of this Commonwealth"
What can this action OF the majority
mean? Arc we to have higher-law party
in Virginia. is the Legislature going to
eject Judges in defiance Of the Supreme
Court Of Appeals: And if this court, as
OF course it will and must, shall decide
that these newly-elected judges are not
elected to nil meXpired terms, but for
court. whose duty il is to decide such ques-
lions, or the Legislature, whose duty ii is
TO leave all such questions to the courtsY