The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-10

for the Legislature to shorten the term,
and AM enactment to that effect Is void. The
arr,unent that this rule will lead TO confu.
sion and want Of uniformity in the time OF
holding elections Is OF little force; Tor, q.
| IA said In the case OF Powers Us. Hurst, 20
Humphreys, "a, such uniformity is:.of nc
practical utility; and were 1t otherwise, +
not attainable. In Hughes rs. Bucking'
ham. 8, smedes & Marshall, 632, Chief
Justice Sharkey discussed this question
with his USUAL ability and learning. In the
course OF his opinion he said the law de
clnrcs how long the clerk shall hold when
| appointed, but it does not declare when the
apDoIntment shall be made. On genera
principles, then, each appointment mtls'
hold for the length OF time prescribed BY
the statute. II the incumbent so appointed
| should choose to abandon or forfeit his In
terest
TIE TERN OF HIS SUCCESSOR
commences as soon as he may be desig'
mated by the chancellor and the law, or the
grant, aires hin, the full term, not the rem.
nant which has been abandoned by his
predecessor. This question Is not a new
one in this State. II arose as early az 1884,
and frequently since. The distinguished
seem 20 have bestowed on II due considera-
ton, and have decided il with entire una.
nimity. In the case Of The People rs.
Green, I'd Wendell, 90, Marcy, j., de.
liycriug the unanimous opinion OF
the Supreme Court OF New York,
said: "By.the general provisions elections
for the sheriff are not to he held oftener
than once in three years, except in
cases of raconcy. In what part OF the Con.
stitutiOn Is it declared, or from which oil
its provisions are we authorized TO infer an
exception in case OF person elected to an
Office vacant by the death, resignation, or
removal OF his predecessor Why should
he not hold as long as he should have done
II elected to the end of full term? Green
was elected, as understand the provision,
to ill the vacant office, and not merely to
serve out the vacant term OF his predeces.
sor. When Green came into the Office he
took it with all the rights, powers, and in
cidents belonging to it under any circum-
stances, one OF which was tenure of three
years." See also The People rs. Constant,
ii Wend., 49,.
These citations may he multiplied almost
indefinitely, for this identical question has
been repeatedly decided in other States
besides those mentioned-a those deci.
sions have been almost uniformly the same
way. shall content myself with simply
referring to some OF the cases on the sub.
jcct, for which nm mainly indebted to the
researches OF counsel, and an article in
the
JANUARY NO. OF TIE LAW JOURNAL
Marshall Us. HARDWOOD, Mary, t23-431,
and cases there cited Sansbury Us. Mid.
dleton. II Mary, 2o'; The State Us. Hui
son. McCord, $40; The States rs. Nc
Clintock, Ibid, 245; Crowell as. Lambert,
q Minn., 2S3; Keys rs. Mason, 8 Sneed's
Re-, G; People Us. Burbank, IL Cal, 376
Wammach Us. Holloway, I'd Ala, 81.
The decisions In all these cases, or nearly
+ all, were based upon constitutions OF the
different States, which, like ours, contained
no express provision with respect to uneX.
pired terms.
In all Of them the requirement that the
Judge or other officer " shall hold for Il term
OF years specified has received the same
Interpretation. In every instance those
words have been construed rs requiring an
election for the full constitutional term,
whether the vacancy be created by death or
resignation, or by expiration OF a regular
ttt f1Ntil bolbo tOt iNUkiii
OF time prescribed By the Constitution, I'M
less prohibited by express enactment or inn
plcation equally plain. When we see certain
provisions incorporated into our Constitu-
ton also found in the constitutions Of other
States, and these provisions have received
uniformly the same construction in numer-
ous cases, we must suppose it was intended
they should be construed in like manner
ho A oil 10 xr-ntrId no a Eft1a
prising il this Court should now give to
these provisions a construction entirely
different from that given in every other
State by judges OF the highest respectable
ty and learning. So far from there being
in ofher parts nf our Constitution any
thing initiating against this Interpretation,
there is abundant matter to
C0NPIIM AND SUSTAIN IT.
The I'd section Of the 9Th article Of the
Constitution, after providing for the cleo
ton of clerks, sherifls, Commonwealth at
to,neys, and other county officers. further
provides that all regular elections for
county officers shall be held on the first
Tuesday after the first Monday in Novem-
Der, and all said officers shall enter upon
the duties Of their Offices on the LIST day Of
January next succeeding the election, and
shall hold their respective offices for the
term Of three years, except that the county
and circuit court clerks shall hold them for
four years. With respect to the township
offices, like provision is made for filing
them at regular elections, to be held at
stated periods through the State.
These references are sufficient to show
that in filing the offices elected by the peo-
pie the primary object is uniformity, to
avoid as far as possible the necessity Of
special elections, and to establish system
of general elections throughout the State.
And although II is not expressly so pro-
vided, it follows by necessary implication
that whenever vacancy occurs the election
is for the unexpired term only. For II the
incumbent is permitted to hold for the full
constitutional term, in the course OF time
the deaths, designations, ard removals oc-
curing in tue different counties would
have the effect practically to abrogatc the
system OF regular elections. When, there
fore, the Constitution provides that certain
officers shall be elected ut regular cleo
ton. and that this election shall take place
on certain day, named at regular stated
periods, II follows by inevitable implica-
ton that the terms OF all such offices are TO
be controlled by the regular election held
throughout the State.
by THIS SYSTEM
the confusion and expense incident to fire.
qucnt special elections are avoided. and the
importation Of fraudulent votes from other
counties in some measure prevented.
We look in vain for the slightest indica-
ton OF any such policy in the election Of
judges. 10 day Is appointed for the pur-
pose. Nothing is said even as to the years
in which they are to be elected. II the Le-
gislature should fail to make an election at
the expiration Of the regular term the in
cumbent would hold over until his success
sor Is chosen and qualified. This distinc-