The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-01-25
1.su,s,atinp Judges Out of omce.

rid Of the present judges Of Virginia. The
question Of the constitutional power OF the
Legislature to pass such law Is 10 iuliy
and 40 ably argued in the following article,
from the pen Of learned lawyer OF the
south Side. that we surrender our leading
column 10 II:
Rsarranging the Judicial Circuits
To the Editors Of the Dispatch:
A bin has been introduced in the Legis-
tsture 10 reduce the number Of judicial
circuits from eighteen 10 say twelve. III
such q bill should pass, can IL have the
effect OF ousting the judges who were
elected in December, 1878, for term OF
eight years, and whose terms commenced
LIST january, 1879, and deprive them oil
their salaries for the term for which they
were elcctedf
Section 10 Of Article vi. Of the Consti-
tuition Of Virginia says: "The General
Assembly may rearrange said circuiiS, OF
any OF them, and increase or diminish the
number thereof, when the public interests
shall require it,"
Section III says each Judge "shall hold
his Office for term OF eight years, unless
sooner removed in the manner prescribed
by this Constitution" and section 70 says
Niiudges NAV be removed from office by a
concurrent vote Of both houses OF the
General Assembly, but majority OF all
the members elected TO each house must
concur in such vote, and the causes OF re-
moval must be entered on the journal OF
each house." Section IL then declares
that a Judge can only be removed as pre-
scribed by section %, and section % pro-
yides the only mode in which ii can be
done-not indirectly by rearranging the
circuits, bnt ''by concurrent vote OF
both houses; and section 90 also pre-
scribes that "the judge against whom the
General Assembly may be about to proceed
shall have notice thereof, accompanied by
a copy OF the causes alleged for his re-
moyal, at least twenty days before the day
on which either house of the General As
sembly shall act thereon"
In order, then, 10 effect o removal, the
Legislature must proceed in the only way
known TO the Constitution. Each Judge
must be proceeded against separately, and
cannot be removed by mere rearrange-
ment OF the circuits any more than the
whole OF them could be removed by gen.
eral act declaring all or any number OF
them removed.
In commonwealth u.s. Gamble (62 Penn,
:}l:3l the facts were these: The Pennsyva-
MIA Legislature established the Twenty
ninth judicial district by act Of 18th Feb
r,lary, 1868, under which James Gamble
was elected and commissioned rs president
iudge of the district. BY act passed 10th
March, 1869, the former act was repealed
and the district was abolished. The Court
held that the act OF 1869 was invalid as
being an attempt substantially TO abolish
the office of president Judge OF the Twenty
ninth districts that the term OF the Judicial
Office was fixed by the Constitution, and
was beyond the power of the Legislature
10 diminish ii, and that the powers, au-
thority, and jurisdiction Of any office are in
separable from it; that the Legislature may
diminish the aggregate amount OF duties OF
a Judge by the division Of his district
or otherwise. but must leave the authority
and jurisdiction pertaining to the Office in
tact. Thompson, G. j., delivering the opin-
ion Of the Court, said: &" Having taken the
office and entered upon the performance OF
it, duties, its duration was assured to him
by the Constitution for the full period men
toned, subject 10 be terminated by death,
resignation, or breach Of condition, which
breach could not be legislatively deter
mined but only by trial before the Senate
on articles of impeachment duly preferred,
or, in case the breach amounted TO total
disqualification, perhaps by address OF two
thirds OF each branch Of the Legislature.
These are the ordained constitutional rene
dies i'm such cases, and there can be no
Others" and he refers to Lorne Us. The
Commonwealth, Met. (ky.), 237.
Section %, Article VI, Constitution OF
Virginia, declares that judges "shall receive
such salaries and allowances rs may be de-
termihed by law, the amount of which shall
not be diminished during their term OF
Office"
Similar provisions were in the Constitu-
tuition of Pennsylvania, and Thompson, e..
j., said that " such provisions not only give
precision, but inviolability, to the tenure Of
the judicial Office by any but the constitu-
tional mode referred to.-(Trial before the
Legislature.) Their object and effect were
undoubtedly to establish the complete in
dependence Of the judiciary not only in
its operations among the people, but as
against possible encroachments 10y the other
coordinate branches OF the Government.
Possessing neither the power Of the purse
nor the sword, ~ the executive and legis-
latiye branches may be said TO do,
the judiciary was by far the weakest branch
of the Government and IT was OBJ
viously proper, in order TO secure its indie
pendence against the action of the other
branches more liable to be swayed by inn
pulse, or operated upon by individual,
party, or sectional influence. to protect it
by express constitutional barriers" And
he quotes with appreciation Rogers, j., in
The Commonwealth Us. Mann, 3 w. d s.,
403. These constitutional provisions and
guards for the judiciary Judge Thompson
truly says resulted from severe trials-eX-
perience in England-from which so
many Of our laws and principles OF liberty
were derived, and he refers AS melancholy
example OF the want OF a judiciary indie
pendent by law to the reigns OF Charles H.
and James H., and he declares that the in
dependence OF the judiciary Of Pennsylva
MA could not have been more efiectually
assailed than by the act repeating the
Twenty-nipth Judicial district before re.
ferred to, and its transfer TO another dis
trict and TO other judges. lie asks: "What
could be more destructive to all independ
ence Of judge than momentary liability
of recurring sessions Of the Legislature to
be dismissed from his Office by the repea
or abolition of his judicial district -
Establish" says he, "this power in the
NSfs"'"it, uhu IL WIN Dc ~ easy as IL VIII
be common for powerful corporations OF
influential citizens TO move the Legislature
10 repeal districts and supersede Judge,
who may not be agreeable to their wishes
and interests, and transfer their bushes.
TO other Jurisdictions supposed to be more
favorably inclined"
The commission Of Judge il consii
tutional grant TO exercise his authority as
judge for the period prescribed by ii. The
Court in Commonwealth as. Gamble saiC
that the aggregate amount Of judges du
ties in HIS district might " be materially di