The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-25
.JustSo.


Just so.
A writer for the Wing OF yesterday
. gives away - the Rexdjuster majority IN
Shc Lcxislaturt-as follows:
po,ncroy on Constitutional Law, section
sss. in discussing the same ssp,ect, says
.It may, therefore, be considered rs NJ,
t,cS poiut Of constitutional law, settieo
both by the national and state courts, .li''
3 public Office bears no rescnp'sncc " 20,
contract; and that legislatures nave iuii
rowcr over the public Offices o. Oo',i-
<aonwealth, except so fdr a. U.ey ""T oe
s@siro;oedlv nc local constitutions. The
$3.50 - sbe United States Constitution
which prohibits State laws impairng. The
obNcatiou Of contracts has no application
abafever 10 this subject" V.
The words we have put in italics tell the
whole story. They teach the 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 enoluments, yet
II Is not within the power OF that body
either to abolish constitutional Offices or 10
,oris,ate constitutional officers out oil their
gay and emoluments.
The Judges Of Virginia are constitu-
sional officers. They are such in peculiar
sense. The power is denied to the General
Assembly by the Constitution even to d.
r1inish the pay Of the circuit judges during
.hoir term OF office. How absurd, them Is
DE prctencc that the General Assembly can
ny merely r, arranging the circuits legislate
them both out OF Office and out OF their
ray.
Let lis define the powers OF the General
Assembly in respect Of this matter. II has
power to rcsrrangc the circuits and dinlin-
oh the number thereof. Good lawyers say
thst this can he done only at the expiration
Of the regular terms; and Judge CHALMERS,
Of Mississippi, in ease which came before
him in that State under constitutional
provision similar TO the one we are now
DISCUSSING decided that the General As
scmbIy could not under that provision le-
gislate the judges out Of their salaries, nor
even the district attorneys, who III Missis-
sippi travel the same circuits and acl for
the Commonwealth in as many counties
81 do the Judges. But we raise here
no question as 10 the right Of the
General Assembly to redrTange the
circuits and diminish the number OF
judges. We only say that every Judge
residing in one OF the new circuits Will be
entitled 10 continue to act as judge, unless
there ere two thrown into one circuit, aud
that even in this case one or the other OF
the Judges must be removed by The Legis-
iature, alter notice, as provided in the
Constitution, or else both will be entitled
To continue 10 receive their salaries, and
that after one Judge is removed for cause
that is. because there il another Judge in
MS circut--thc remaining judge will be
entitled to hold the Office OF judge for that
circuit until his constitutional term eX-
pires.
There is the whole case. There is pos
slble no other construction OF the Constr
tution which will give force to the several
provisions OF that instrument relating TO
thc Judges OF the State. There is not q
single difficulty in the way Of this con-
.iruc'ion. II removes all Of them. ii car
,ies out the spirit OF the entire instrument.
The construction on which the Readjust-
ers are acting makes the Constitution OF no
efect-a mere dead letter. II that con-
struction be even so much rs alloWa-
ole, II gives the Legislature the power
"a arrange the circuits as often as
that body shall find in the way OF
its revolutionary schemes Judge who has
independence enough to stand up for the
rights of the people. The moment single
;udge offended their maiesties, that moment
would the revolutionists "IcaiTange" the
circuits so as to leave him oct in the cold.
We are amazed that there should be
found one single lawyer in the Legislature
so i'll informed in his profession Us to set
up the contention which we are now COM
batting.