The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-04-08

Inc JuCiOsAi->@t& SsA>@ ~>&>@f
The Wkig must have been asleep for the
last month, n we may Judge Of its condi-
ton during that period from the article In
IN sts issue Of yesterday concerning this
journal. II copies from the Dispatch the
following paragraph;
"The General Assembly, we say, has
mower 10 rexrrange the circuits and d.
minish the number thereof. But every
nudge residing In one OF the new circuits
will be entitled to continue to act as Judge.
unless there arc two thrown into one cir
cuff. and even In this case one or the other
OF the Judges must be removed by the
Legislature, after notice, as provided IN
the Constitution, or else both will he en-"
titled to continue 70 reeeive their saiarles'
After one Judge Is removed for cause
that Is. because there Ia another Judge IN
his circuit-the remaining judge Will be
entitled 10 hold the Office OF Judge for that
circuit until his constitutional term ex-
pires."
And in It's comments speaks as II we had
conceded some new point, or admitted
that there was some force in the so-called
arguments put forth by the Mahoneites who
advocate the unconstitutional judiciary bill.
The Dispatch, 1t declares, "gives itself and
its faction completely away in the article" !;
and the Wing closes as follows:
"The main point being admitted, there
Is an end OF the matter. The right and
power 20 do anything carry with them ali
the logical and proper consequences OF
fhaf fiIing--and the Dispotchs expiring
quibbling only amounts to death-rattle."
The fact Is that the paragraph above
quoted from the Dispatch is, as stated in
the article from which it was taken, almost
word for word the same as one which APP
peared in our columns last month. There
Is no concession OF any sort IN it; no "giv-
ing away" OF our friends or our case, and
no clubbing whatever. As the Wing con-
tends that Mr.. FAIR is entitled to hold his
seat in the House OF Delegates and at the
same time ill the Office Of Superintendent
of Public Instruction, we Of course need
not be surprised at any Of its yagaries; but
we will repeat 10 the Legislature that the
doctrine laid down by us last month and
this month, and contained in the paragraph
above quoted from our columns, is one that
will certainly prevail even in the new Court
of Appeals. There is nothing to be said on
the other side. There is no other possible
way OF giving force TO the several provi-
sions OF the State Constitution referring to
Judges. And what nonsensical act it
would be to pass such bill and then be
unable to keep quorum here in Richmond
long enough to make the changes in the
laws which its passage would render indis-
pensable 10 the success OF your schemes.
Besides, when 1t comes to electlng judges
under such a law, the Democrats would
not allow it to be done. They would de-
serve and would receive universal con-
demnation if they should allow their votes
to be counted to make upa quorum to turn
out, in contempt OF the Constitution, the
present circuit Judges, who have an indie
feasible title TO hold their offices for eight
wears unless sooner removed in the manner
provided in the Constitution itself, and
pointed out in our paragraph. 1t would take
weeks to fix the times for the new circuit
Judges to hold their courts weeks perhaps
to agree upon the MALONE nominees, and
then, as soon as they were agreed upon, Il
bolt would likely follow; and week after
week, without any limit to be seen at pres
ent, to consummate the election OF those
nominees. The rule as to counting all men,
bers present as voting upon one side or
the other OF every "question" cannot
rightfully be made to apply to elections, as
we have heretofore clearly proved. But
even il it could be 50 construed, the Dem
ocrats ought rather to resign their seats
and return home than to allow the Consti-
tuition to be violated as result Of their
presence in the halls of legislation.
Why, then, should the Mahoneites try to
force such bill through the Legislatures
They would only thus cause trouble for
themselves.