The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-04-06
rna, Iud,oia, Circuits.

II Il moi worth while 10 argue the cues
ton of tho ccnsiitutionality Of the Dill 70
rearrange the Judicial circuits. Every
lawyer knows that II Is constitutional IN so
Gar as 1t merely rearranges the circuits ana
diminishes the number thereof. And every
lawyer knows that il Is unconstitutional II
IL Is to be construed 10 have the effect Of
legisIating out OF Office all the present cir
cult judges. II IL is intended to have that
effect, the Hill, to be constitutional, must
express that intention in its title. "No
law" says thc Constitution, "shall en-
brace moro than one object, achich shall DC
expressed In It's fitle.n Otherwise, 1t Will
require new bill 10 accomplish that OBJ
ject. We have explained this subject fully
heretofore. mud will repeat once more our
explanation OF 1t. The writers on constitu-
iional limitations and constitutional law say
that legislatures have fill power over the
public offices Of Commonwealth, ercepf so
far as they maybe restrained 6y ne local
constitutions. This is the doctrine Of the
Democrats Of Virginia-thc very doctrine
commended for by the Democrats in the
Legislature and out OF it-namely, that
although the General Assembly may abolish
statutory Offices and deprive statutory
officers OF their pay and cmolumcnts. yet
it is not within the power OF that body
either to abolish institutional offices or to
leeislatc constitutional officers out Of their
pay and cmoluments.
The Judges Of Virginia are constitu-
tional officers. They arc such in peculiar
sense. The power is denied to the General
Assembly by the Constitution even TO di-
minish the pay OF the circuit judges during
their term Of Office. How absurd, then, Is
the prctencc that the General Assembly can
Dy merely roarranging the circuits legis-
late them both out Of Office and out OF their
pay.
The General Assembly, we say, has
power 10 reGrraDge the circuits and dimin-
ish the number thereof. But every judge
residing i'm one of the new circuits will be
entitled 10 continue TO act as Judge, unless
there are two thrown into one circuit, and
even in this case one OF the other of the
Judges must be removed by the Legisla-
ture, after notice, as provided in the Con-
stitution. or else both will he entitled to
continue TO receive their salaries. After
one Judge is removed for cause-tbat Is,
because their Is another judge in his cir
cut-thc remaining judge will be en-
tilted 10 hold the Office OF Judge for that
circuit until his constitutional term cX-
pires.
There is the whole case. There is posi-
bic no other construction OF the COnSttu-
ton which will give force 60 the several
provisions of that instrument relating to
the Judges Of the State. There is not a
single difficulty in the way OF this con-
struction. ii removes all OF them. 1t car
ries out the spirit Of the entire instrument.
The construction on which the Readiust-
ers are acting makes the Constitution OF no
eflect-a mere dead letter. Ii that con-
struction be even so much as allowable, it
gives the Legislature the power TO arrange
the circuits as often as that body shall find
in the way of its revolutionary schemes Il
Judge who has independence enough to
stand up for The rights of the people. The
moment a single Judge offended their ma
jesties, that moment would the revolutions
lists " rcarrange" the circuits so as to leave
him out in the cold.
we arc not afraid TO 90 before the new
COurt. of Appeals.