The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-25
9mhulond Qispatth.
SATURDAY,. FEBRUARY e5. 1882.
Revolutionary Legislation"

Hinder the above heading, the NoriolS
landmark has the following excellent COM
,nents upon tho new teaching that the Legis-
lature has the right to elect judges to serve
out uncxpircd terms IN defiance oil the de-
eision Of the Supreme Court oil Appeals
that all Judges excited in Virginia are
elected for full terms. The Landmark
says:
"But to-day new and monstrous doc
irinc is ayowed, and from present indlca-
,ions II viii soon be acted on.
1.-THE Court Of Appeals has made decl-
,ion A. To the time when the terms OF scve-
raj Judges now on the bench will expire.
This court is the highest tribunal IN Nir-
cinia, and heretofore what II has declared
10 be the lac has been beyond dispute; but
to-day we arc gravely tod that the LegisL-
!ure i the supreme power in the State, ana
that by n majority vote il can override the
Court OF ADpeals. reverse what u has de-
cided. and even re0rganizc That Dody 10
suit the pleasure OF the II adluster leaueis'
1.-The same reasoning would enable
majority Of the Assembly to disregard the
Governors veto: and, in one WORD, the
claim now set up is revolutionary To the
Last degree. II places our legislative Dody
in the attitude OF the Assembly OF France
when the mad spirits of her revolution
made and unInade Constitutions at VIII
and substituted the suggestions OF passion,
or Of individual hatred. for the moderate
temper which should belong to delloera-
tive body. III the courts are To be made
me subject Of dcspotic caprice, and are to
~ organized Ike the court-martial de-
picted by Pinch, for but one purpose, that
- finding Judgment according 10 precon-
cciyod opinion, then no mans life, pro-
Ierty, or reputation viii be safe in this
commonwealth
We will add few words on this subject.
We understand perfectly well, as we have
heretofore said, that thc new Court OF APP
pesls can upon appeal reverse the decisions
Of the present Supreme Court OF Appeals,
and therefore can render new and bind
ing decision 10 the effect that judges are
not all elected in Virginia to serve out iuli
terms. But this decision cannot be retro
active. After that decision shalt have been
rendered, the Legislature will have the
power 70 elect new judge 10 take Judge
BuRKs's place. But at present the Leglsla-
'ure has no such power. The election Of Mr..
HINTON 10 succeed Judge BURKs will lie
in contempt Of the decision of the present
supreme Court. and therefore in violation
+ the law Of The State. No power resides
n the Court Of Appeals to cure such de-
fec, in MIR. llINToN's tile. II when
elected the Legislature had no right 10
eject him, his title can never he made good
one under that election. lie must be re-
elected after the Supreme Court Of Ap-
peals shall have reversed it. own decision,
and thus made that constitutional which IS
now unconstitutional.
Al the judges who have been elected
during The present session OF the General
Assembly were elected under the law rs it
has been eXpounded by the present SUI
preme Court of Appeals, and therefore
were all elected for full terms, any legisla-
tive declarations to the contrary notwith-
standing. Those OF these judges who We're
chosen to serve out uneXpircd terms can
not lawfully be deprived Of their Offices at
the end OF the time mot term for which
they we've chosen. In a word, the conduct
~ the present Legislature is calculated to
throw I'LL the judgeShip>, not to say the
laws, of Virginia into ineNtricablc ccnil-
lion