The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-26

separately from the negro. Now. tnat Is no
wrong to the negro. The Legislature has
right 10 do that"
That will do right well for Republican
and United States judge in a northern
city. 1t Is sensible doctrine.
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THE JUDICIAL TENURE OF OFFICE.-Sup-
pose the Legislature were now to elect
four Judges OF the Supreme Court OF APP
peals, leaving Judge Burks on the bench
for a full term OF twelve years from the
time he was elected. The term OF office OF
these four Judges would begin the 1st Of
january next. No one questions this.
After they shall have been elected, sup
pose Judges Moncure, Anderson, Chris
tian, and Staples, were all to die or resign
before the Legislature adjourns; and SUP
pose, further. Auditor Massey succeeds in
changing the political complexion Of the
Legislature and the four resigning judges
were l., elected. Would they he elected to
flu their own uneXpired terms, OF for
full term Of twelve years from
the time Of their reelection? We
call the attention OF our contempora-
ries OF the Richmond press who have been
discus, lag the question to these inquiries.
IL seems 10 us that such election would he
only for their own mexpired terms, other
wise the prior election of four judges
would be annuled V the subsequent act Of
the four judges In resigning, and their re-
election by the Legislature; or, II not en-
tirely annuled, the four previously-eleCted
Judges would be confined to serving the
fraction OF the twelfth year OF the term for
which they had been elected Culpeper
Exponent.
We must say that VIC are surprised to find
our old friend, (as we guess it Isl whom
we know so well and have known so long
as a sound constitutional lawyer, stumbling
over difficulties where none exist.
The four new judges were elected for
full terms commencing with the first Of
January next. 1t was the duty Of the Le-
yislature to elect four such judges. The
performance of that duty could not be post
poned; because the Legislature will not
meet in regular session before the date men,
toned. They have a vested title 10 the
Office. The Exponent will concede that its
argument is not a good one when it reflects
that il the Supreme Court of Appeals had
decided that judges ought TO be elected to
serve out unexpircd terms the four Judges
elected for term commencing with the 1st
Of January next, could not take office be-
fore that time even though all the present
judges OF the Court OF Appeals were to
die or resign to-day. II the decision Of the
Court Of Appeals had allowed judges to
serve ont uncXpired terms, the term of the
four new judges could be in no possible
way affected by that decision. That term
would necessarily commence next January.
As the General Assembly Is now in session,
1t would proceed to elect judges to ill the
uneXpired terms under q law existing or
under one which they would have the
night to pass.
Now as to the case supposed by the Expo
rent. 1t would clearly be 4 case which
the Constitution does not provide for spe-
officially and it would therefore be the
right and the duty OF the General Assem-.
bly, to elect judges to serve until the LIST OF
January next under the following pro.
vision OF the Constitution
Article ", section %. "Thc manner
OF tlling vacancies In office in
cases not specially provided for by this Con-
stitution, shall he prescribed by law"
In word, there would be vacancies in
Office In case not specially provided for"
But this provision gives the General As
sembly no power to elect successor to
Judge BURKs. There Is no vacancy in the
Office be holds, and will be none next jan
uary, nor until the end OF his term az that
term Is liked by the decision Of the Su-
preme Court OF Appeals. The Legislature
has no power In the premises. Their
hands are tied by the solemn judgment Of
the highest judicial tribunal in Virginia.
Again: II after the General Assembly
adiourns, the present judges of the Court
OF Appeals should die or resign before
next January, the Governor would gu the
vacancies under the following provision of
the Constitution:
Article ~, section 8. The Governor
shall have power "during the recess OF the
General Assembly TO fill pro tcmpore all
vacancies in those offices for which the
Constitution and laws make no provision"
IL seems TO us that there IL no room for
cavIl here.
But, at any rate, IL Il not for lis TO look
beyond the law as II Is. Ita Isx Scripta
est--thus the law Is written by the SUI
preme Court Of Appeals. II IL therefore
law which no good citizen can refuse TO
obey.
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Our Nottoway correspondent will see
that, acting upon bis suggestion as to the re-
ia. II Al 4