The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-07
4nlm,ond 1ispatth.
TUEspAY........F FEBRUARY T. 1882.
cons.,,,inr tho Constitution.

0p.V That nc rnlieis tShs III 80 - .
in the Wig Of yesterday TO esiaohsh 'nc
doctrine he set out TO teach. "P." VIII
End his points pretty fully answered IN the
Dispatch Of Sunday. But we cannot as
miss him withou, letting our professional
readers know what sort OF lawyer "P.' IS.
Here is one Of his sentences. He says
1--WE DENY that the duty Of constituting
The Constitution belongs properly or eX-
cr,siyelv. which l. evidently the meaning OF
the word here, TO the judiciary
That statement may 20 without contra
diction. "P." evidently thinks that 1t is
frne; but his professional brethren viii be
astonishcd that they had not heard OF tins
new doctrine sooner, il ii is sound. "P.'
does not perceive the difference between
the right on the one hand every officer and
even every voter, has 10 decide consiitu-
tional questions for himself when nobody
else's interests are involved, and when they
have not been adjudicated by the courts,
aud the right on the other hand Of the SUI
prenlc Court Of Appeals to decide oil such
questions authoritatiueiy The right eXer-
oised by a Legislature is just like the right
exercised by JouN SMITH. The decision Is
liable TO be set aside 10y the courts. The
decision bind. nobody in the one case. 1t
binds everybody In the other case.
"P.v goes on 10 argue that the Lcglsla-
tire and the Governor have the right in
certain eases 10 construe the Constitution
FOR themselves. Nobody doubts it. We
have inst explained that. The Legislature
OF 1877 was compelled to do so on the qucs-
ton OF the power Of the Legislature to
elect Judges 10 serve ont uneXpired terms;
because the question had not been de-
cidod by the Supreme Court Of Appeals.
This tribunal is authorized by the
Constitution 10 decide ii so as 10 bind both
Legislature and Governor. The decision
Of a Legislature, on the contrary, we re-
peat, is no more binding upon the officers
OF the state, nor upon the people, than the
decision Of a City Council. II cannot be
too !orcibly impressed upon the minds OF
ali law-abiding people that whatever the
Supreme Court Of Appeals decides to be
constitutional Is constitutional; and that
whit Il declares 20 he unconstitutional IS
unconstitutional. There is no middle
ground between this doctrine and anarchy.
Let us Illustrate: The Supreme Court OF
Appcals has solemnly decided Judge
WELDON to he the lawful Judge OF Prince
William county. lie is in office in that
county. All Che officials obey him, because
they Eno,o that be is the lawful county
Judge. The House Of Delegates last week
declared that he is not the lawful Judge of
that county; and if the Senate reaches the
same conclusion the two houses will elect
a man 10 take his Office from him. II goes
without saying that Judge WELDON will
not surrender the Office to claimant
under merely legislative title, he
holding by title which has been
adjudicated 10 be good by the Supreme
Court of Appeals. VIII the new Judge
apply to the Legislature for writ Of quo
,carranto in order to have Judge WEEDON'S
title examined legislatively: Ii not, why
not? We answer, Because every lawyer,
Reidjuster or FundeT, knows that iegis-
latiYe or gubernatorial decision OF such
questions is entirely yalueless. Every law
yer knows that the courts are the proper
tribunals to decide them. There have been
before the Court OF Appeals perhaps Il
dozen cases involving the titles OF judges
TO their offices. These cases were taken to
that tribunal by Readiuster lawyers and
Readjuster judges. Why should they have
done so il the Legislature was the proper
tribunal TO decide such cases win "P."
advise Mr.. HowIsoN to appeal to the Legis-
lature to turn cut Judge WELDON? OF
course not. "P." knows that the Legisla-
ture has no right TO pass upon his title.
OF course the Legislature has Il right to
pass any bills which it supposes to be con-
stitutIona; and the Governor has the right
to sign the same ii he supposes them to be
constitutional But let these acts OF As
senbly be brought before the supreme
Court of Appeals and be decided to be I'M
constitutional, and they become null ana
void at once, though they may have re-
eeiyed the vote OF every member Of the
Legislature and been most heartily APP
nroyed bv the Governor. This is not
disputable proposition. II is simply one
that II universally received. "P." cannot
ret lawyer In Richmond OF any reputa-
ton, (nor any other, we suppose) to deny
under his sign-manual the proposition last
above stated. And ii it is true, there is
nothing in anything that "P." or anybody
else can say on the other side Of the ques-
ton now under discussion. "P." says;
"Is there vacancy in the Office Of any
81 the Judges of this Commonwealth which
il is the duty OF the Legislature to fiji ?
And ~ q necessary incident 10 determin-
ing that question, the Legislature mnSt--it
Il is their solemn, sworn duty--construe
fhe Constitution"
No, sir. 1t is their solemn, sworn duty,
as we have Just shown, TO respect the de-
cision OF the Supreme Court OF Appeals as
70 whether there is vacancy or not. The
Prince William ease is exactly in point.
The Supreme Court of Appeals has al
ready decided that there Is no vacancy in
that county. II the Legislature shall elect
new judge under the circumstances, it will
De a revolutionary proceeding. and the ac-
ton OF the Legislature will deserve and
receive the condemnation Of all good citi-
zens. II viii not confer upon Mr.. HOWL
s0S even color Of title to the office. The
supreme Court OF Appeals viii be COM
PEELED 10 see TO II that Judge WELDON Is
protected IN his Office. And we have not
a doubt that Governor CAMERON will stand