The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-03-29

Not So Fast.
II h constantly assumed BY his friends
tAat Mr.. FAM can resign his cficc OF su'
pcriutcndent Of Public Instruction, serve
~ The House Of Delegates until the end Of
the present session Of that body, and then
BE- appointed Superintendent Of Public In
ysruction by Governor CAMERON. Fortu-
nately, n we said the other day, his title to
the latter office can be passedSupon by the
courts. Governor CAMERON b not the court
Of last resort in such cases. He may ap-
point his supporters to public Office, but
unless he has the constitutional right to
proyide for them In that waya writ Of quo
sssramso may !ssuc and they be returned
e private life.
Let us ascertain whether Governor CANE
BON has the power TO appoint Mr.. FARR TO
the Office Of Superintendent Of Public In
struction. The law providing for the cleo
ton Of that officer also provides that any
vacancy In the Office arising from resigna-
ton or otherwise shall be filed by the Gov
ernor temporarily "V the same occur du-
rinq the recess of the General Assembly"
II is plain, therefore, that II Mr.. FAIR re-
signs now, he cannot be appointed under
that law; for the vacancy will not have
occurred during the recess OF the
General Assembly. On the contrary,
the duty Of filing the vacancy would
1T once devolvc upon the General Assem-
bly,; and that body could not transfer the
power to ill the vacancy to the Governor
by o mere neglect or refusal to perform its
duty. II would have to pass law for that
purpose. The law, after providing as in
tho words quoted above, goes on as fol-
lows:
"The commission to expire at the end
OF thirty days after the next assembling OF
that body, whose duty II shall be to elect
successor"
In word the General Assembly must
Ill any vacancy which occurs during re-
cess or during its session, as soon as pos
siblc. II IL must fill vacancies occurring
In recess as soon as possible, it must for a
stronger reason that is, because the Gov
eruor has no power to appoinD I'LL vacan-
cies occurring during the session OF the Gen.
ersl Assembly. Another reason is that the
law provides explicitly that the said Super
intendent "shall enter upon his duties as
soon rs practicable after his election"
Has Mr.. FAIR done this3 On the con-
trary, he has neglected the duties Of his
Office and persisted in occupying seat in
the House OF Delegates which the Com
mittee Of Courts Of Justice have reported
almost unanimously that he is not entitled
to hold. He disregards the Constitution
in holding position to which he is not
entitled, at the same time that nc violates
the law which requires him to enter upon
the duties OF his office OF Superintendent
OF Public Instruction "as soon as practi-
ca5le.''
The case is in substance an adiudicated
one. The Constitution OF the United States
grants to the Governors OF the several
States the power to fill vacancies in the
United States Senate occurring during re-
cess, and adds provision like the one
quoted above. 1t says these temporary
appointments shall last until the next meet
ing OF the Legislature, (Which shall then
I'LL such vacancies" Under this provision
OF the Federal Constitution the United
States Senate has over and over again de-
cided that a Governor could not fill
vacancy which the Legislature had had
chance to fill and had neglected to ill.
Will it be said that the Constitution a,l-
thorizes the Governor to fill such vacancies?
Not so. The Constitution reads as follows:
The Governor shall have power "during
the recess OF the General Assembly to fill
pro fcmpore all vacancies in those offices
Tor which the Constitution and laws make
no provision"
OF course this language does not mean
he can fill Offices not provided for in the
Constitution and laws; for there can be no
such offices. 1t means that the Governor
may fill all those vacancies in Office for fill
ing ,chich the Constitution and laws make
no provision. Wepresume that no one will
pretend TO say that the language quoted
has any other meaning. 1t follows, then,
that the Governor cannot fill vacancy in
the office OF Superintendent Of Public In
because the law cxprevly pro-
vides the manner Of filling vacancies in that
by the Governor il the va
cancy happen during the recess OF the Le-
gislature, but by the Legislature il the va
cancy happen during the session OF that
body.