The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-23
An Opinion as is an Opinion.

The oniuions Of an Attorney-Genera'a are
binding upon nobody, and therefore m'gn1
bc allowed alwaysto pass unnoticed uitwere
MT that somebody Is always referring 10
them as Il they were authority. Mr.. FAhh.
Who treats with contempt the decision ana
opinion OF the highest court In the Com
ponwealth In regard TO the power OF the
Legislature To elect judges to serve out I'M
expired terms, parades the opinion OF AT
torncy.General BLAIR as full justification
81 bis conduct In holding o scat In the
uouse OF Delegates at the same time that
he u Superintendent Of Public insfruc-
tion.
This opinion OF Mr.. BLAIR's Is q re-
markable documents "rich" one, so 10
speak. lie PLAYS BrSsBY to Mr.. FAIRS
Captain CUTIE. lie Is at once an oracle
and a philosopher. Let us read the Con-
ssitutiou and learn what 1t says as to allow
ing salaried officer to be member OF the
General Assembly. We quote its words:
~No person holding a salaried Office I'M
der the State government shall be capable
Of being elected q member OF either mousse
Of the General Assembly"
To an ordinary mind that would seem TO
settle II that n a salaried officer couldn't
even be elected member Of the House OF
Delegates he couldn't possibly DC member.
The trainers of the Constitution no doubt
supposed they were making an uncommony
strongly-wordcd protest sganstthc practice
Of holding two offices or places. when they
provided that no person holding saiaried
Office should even be capable OF being
elected to the Legislature. And having
thus deprived all salaried officers OF the
right even 10 be candidates for the Lcgisla-
ture, the Constitutional Convention no
doubt nattered itself that 1t had disposed
OF that question forever. Surely there was
no loop-hole through which salaried
officer could creep into the Legislature.
OF course tho object in view In provi-
ding that no salaried officer could even be
elected to the Legislature was to prevent
salaried officers from using the influence
Of their positions to secure election to the
House OF Delegates, and then resigning the
salaried Offices before qualifying rs men,
bers Of the Legislature. But Mr.. BLAIR
does not so understand the Constitution.
He CONSTITUTES it as follows:
"By reference to the 9th section Of Arti-
Gle v. OF the Constitution, it will be seen
that the qualifications OF senators and dele
gates forbid that any person holding
salaried Office under the State government
shall be capable OF being elected member
Of either house OF the General Assembly,
bit norhere in that Constitution does the
converse OF that provision exist"
There 1t is, you see. The Constitution
provides, quoth Mr.. BLAIR. that salaried
officer can't even be elected TO the Legisa-
turc, but it does not provide that he shall
not be member OF the Legislature That
is 10 say, II Mr.. FARR had resigned his seat
In the Legislature yesterday, he could not
but inasmuch as he holds on TO his seat, he
has right to hold on TO II Not that he is
even eligible to a seat in that body.
BY no means. Mr.. BLAIR claims no such
thing. All he claims is that though
il Mr.. FARR were outside he wouldn't
have the least right 10 enter,-would, in
point OF fact, violate his solemn oath TO
support the Constitution ii he should en-
ter,-yet being inside, he has the right to
remain inside II that isn't drawing n
fine point, then VIC never heard Of one;
and drawing il, too, in violation of the
spirit Of the Constitution; for Mr.. BLAIR's
admission that FARR couldn't enter if he
was outside, is an admission to the fullest
that he is mere interloper-but being in,
Dir. BLAIR thinks he may remain in.
But that isn't all. Mr.. BLAIR says the
Superintendent Of Public Instruction is
not an executive oflicer-docs not belong
to either the executive, the legislative, OF
judicial department OF the government.
Did Mr.. BLAIR ever hear Of such an instru-
ment as the Federal :-and Of
the following provision contained in that
instrument We quote:
Article VI, paragraphs: "The sena-
tors and representatives before mentioned,
and the members OF the several State Legis-
latures, and all executive and judicial Off
GERS, both Of the United States and OF the
several States, shall be bound by oath or
affirmation to support this Constitution"
None but executive, legislative, and jul
diciai officers are mentioned. Is the SUI
perintendent Of Public Instruction a. such
not required 10 take that oathf Pray,
what other department OF the government
Is there than the executive, legislative, and
iudiciaf There must be fourth depart
ment, according to Mr.. BLAIR-the minis
terial. II the Superintendent Of Public
Instruction Is not an executive officer, then
none OF the Capitol officers are. They all
merely execute the will OF somebody else,
as Mr.. BLAIR phrases it-a singular phras-
ing, by the way. Let us quote it,
"The Superintendent, independently Of
the Board Of Education, neither legslates,
executes, or adiudges anything. He is mere
ly ministerial officer, who carries into
execution the will or law Of the General
Assembly, or the State Board Of Educa-
ton, and, indeed, Is the ministerial officer
OF the last-named Board, whose plans and
purposes he effectuates."
He does not "eXecute" anything; he
merely carries into " execution" &c. All
officers do that. The Governor does not
"cxecute" anything. He merely carries
into execution the will Of the Legislature
or the Constitutional Convention. We
have some authority just to hand upon this
point.
General N. NJ. CURTIS, special agent OF
the Treasury Department, has been indict.