The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-28

The WAig Of yesterday, In speaking Of
Mr.. FAER's case, says;
q Judgc Mclaughlin, while member OF
The Io0lshture. Me- elected circuit Judge
AZ the Lexington district; Judge mon.
tseuo was elected judge OF his circuit
vkllc Also member Of tie House OF Der
exs$es, and we understand both OF them
went "a their respective districts while the
Lesislata,re was IN session, held each o
term Of his court, and returned to Rich
mo,d 20 discharge the duties OF member
AZ the Legislature. Judge Lacy was elect
"a iudce Of New Kent district when he
vas sneaker II the House. AL these gen.
fIemen held two Offices at the same time,
and other instances might be mentioned,
and vet no word Of condemnation, nor any
objection or resolution was ever offered
expressing any doubt OF the right or pro-
prtety Of doing So"
Nobody ever claimed that Mr.. FAEa
could not be elected Superintendent OF
Public instruction whilst member OF the
General Assembly. On the contrary, the
contention OF Messrs. TAYLOR. CoGHiII,
SruBps, CARDwELL, HANGER, MAYO, DICK
KSsox, HARRIS, GIpDMos, and SPoTswooD,
OF the Committee OF Courts Of Justice, Is
that he ,pds constitutionally elected, and
ought therefore not now to be sitting in
the House Of Delegates.
Judge McLAucnLIy, Judge MONTAGUE,
and Judge LACY were all elected whilst
members Of the House Of Delegates. And
they were constitutionally elected. But
mark the difference. When the two for
mer were elected the Virginia Constitution
did not contain the provision which rem
vlers Mr.. FARR ineligible. (Sec Code Of
1879, page sO.) OF course the Wing was
ignorant OF this fact, or 1t would not have
based its argument upon such foundation
~ It did. The provision which prohibits
Mr.. FAIR from being member OF the
House Of Delegates at the same time that
he Is Superintendent Of Public Instruction
reads as follows:
Art. ", section 8 "But no person
holding salaried Office under the State
government shall be capable Of being
elected member OF either House Of the
General Assembly,"
It will be seen that the Whig's entire
argument is destroyed by the fact stated.
The above provision was added to the Con-
stitution in 1876, and was no doubt added
because Judge MONTAGUE and Judge Nc
LAUGHLrN had claimed the right to hold two
places at the same time. We know nothing
AZ to the fact, but take it for granted that
the Wing knows that those two judges did
serve as legislators and judges at the same
time. As to Judge LACY, who was elected
after the provision we have quoted was
added to the Constitution, the Wing does
not charge him with filing the two places
At once, and we suppose he did not.
The test we have made is as follows: Ii
an election for delegate from Fairfax were
to be held tomorrow, Mr.. FARR could not
be elected. Mr.. BLAIR OF course comedies
this. II, therefore, the Constitution for
bids his election, as Mr.. BLAIR admits ii
does, it follows that he cannot be Il member
OF that body. lie cannot possibly be
constitutional member Of body to which
be cannot constitutionally be elected. The
reader will see ut once that this was not the
case with MCLAUGHLIN and MONTAGUE.
They were as capable OF being elected to, as
OF being members OF, the House Of Dele
gates.
1t thus appears that the Wigs prece-
dents are no precedents ut all. Its argu-
ment is turned against itself. And there
is no precedent, as there is no excuse
whatever, for allowing Mr.. FARR to yiolate
the Constitution Of Virginia by occupying
a seat in the House Of Delegates which that
instrument expressly declares he cannot
Oeeuny