Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1882-03-30

Space,
1lr. Es. R, Farr'S Seat,


The report cf The Committee for Courts #
Justice 10 regard to MI. Fsrrs right to repre-
sent Fairfax county is regarded ty inpar,isl
lsw3trs IS an Lble paper. Ii is ahor! eud to
the pciot, crd rsads as folloEs:
The committee fur ocurts of iaslice, hsva,
aecordlog 10 order, had uadsr consideration
tho io!loHiog resolution, to them referred, viz ::
Resolved by the Htuse Of Delegates. The.
tho c1nralt!co for courts of iusiao be aud they
ars hereby icsI:u,ed to itqlrs aud report 10
this House:
list. Whsthsr there is COW vacancy 10 the
6hos of superintendent of public instruction.
'2i. Ii there bs no vacancy By .essoc OF the
superintendent eleos having qusli6sd as IT.
qalred By law, whether or DOT tho county Of
rarlsx has loga! representative in the House
Of Deleaatee. -oaa., ...., -
81. Said committee shall repors on Tues
day. March 2lst, or earlier if practioSb'e" e.
u, k. The following report:
That the Heoo:d ar,iue of the constitution
cr3aius that The Legislative, TX cGivs, aad
i1dicGry dsnGrtDopts shall be sepsrs,e aud
tistlaoi, 60 that neither exercise tho powers
properly belonging to either CT The others
nor ShaN any person exercise the po,rsr of more
than one Of then, at the sane time, except as
hereinafter prOvided" ibis article docs cot
sIone apply 10 the heads of the departments,
bas extends TO all that olass of cfic.rs that be-
long to either ct the departments. and is pro-
nib.tl0n upon tue offoars cf the judicial depar;-
@eot trom the supreme oousi judge d5Yo to the
lowest msnbcf f,hstCepsrtnent,eGa eGai c;siug the
post OF otbc, of either tho legislative or exeCu-
uvo department, willis. clOsed with judicial
luuetloDs, and vice Vtrsa, &c to those holding
positions a t5e o!her d:psrments, exercising
the talciiors Ct the judicial depar'nents; aud
uo!ess the constitution provides for such eXer-
cisa, tho dual functions Of Office canrot b, COL
terrcd upcn Rry one person, so % 20 enable him
to exrrc 80 the dulles CT Two Offices baoDgirg
'o.dtfeteut departments of the government at
the same tinr. Ia otter w1rds, e man cauuot
DO Judge aud senator or delegate at the
sano ims nor Gao the governor act as o ] ldse
Hluss at 'hs same TINA.
La lie fifth section IF ar;icls 5, it is ordaiced
X 90 follows: Blu; 90 pcrson holding
a salaried of6c, uodsr the State COVER, m ,nt
shall be osplblo of hcicg tlacted q member Of
either house OF The General ASSEMBLY" Here
Is direos prohibition. Il 10 declared that DO
ooa hcliirg sal.fied oAica uoder tbs state
govatument shsll be capable of beirg elected
member OF either House of the General Assen.-
by. Oao holding such Office wculi hsyo to
fCsiru b,fote be could be voted fu., or become
eligible to such post.
We Thick that tho CONVERSE Of the PROPOSE
Mou is not always true, and that o mtm5er of
either h2uss nay, uuder certain Circumstances,
bs elcc;cd 10 salared of6cs uoder tho s.ate
s[V remsot, tus that Lis acosptarcs and qu.l-
ii ,stion TO suoh offiee. during tic term for
which la is etotl msmber If the Geueral
AsseGGy, would v4ca.u his sea, 10 such mem
Der.
Tic twctty 'ou.th sc iop, ar iolc 6, exprcss-
y d! cares that Judges Of tho supreme oourt
OF appeals, and judges Of hu circuit our s,
sball rot hold city other cGi,s Of public trust
dulos their coDtlousrco in ofEco." aid the
htth section. article 7. odliDs. "lh,s she!ifs
shsl hold 40 o,hee ofbc,."
SutJscS to Tho t0reguir 6 provieio g. Tie Gar-
ersI Assembly WIS by the eighth article, section
J., required, within thirty dsys slt,r its orgau:-
z,ioa under the constitution, and every fourth
year theI ,tter, to elccs q superintetd ,ut of
public ns:ruoIion sad bis genera! duties are
therein de6ued-ono Of which is to report
PLAZA TO the General Assembly flr uniform
system ef public free schools. II mombtr OF
the General Assembly should be- eIc!t d super-
iutet dln. Of public iIst uo'ion. sod q l4lify to
such ofhcs during tie tenn for wbiou he was
elected m9mber of the Genlrl Assembly.
aud hold to bis seat 10 that body, tho report of
his plan would be in part to himself. Can this
be done?
Again, tao r;x:eoalh s;c!iou Ct article S, 10
psr.. provides that the goverdor lieutenant GOV
ern;r, judges, GEd sll others offending against
the st1to By administration, corruption,
neglsc! Of duty, or other high crime or misde
meanor. shsll be impsschl ty tSs House OF
Dssgs.es, and prosecuted before the Senate,
which 81 all hsva the sole power 10 try in9eact-
ments.
Under our form OF of'gcvarnme5t tbs supsrif-
teudent If pubic instruction j. not 40 off,
car created ty statute; tie cff,e is made
by tho constitution, e part of the govern
msnt itself AID tho superintendent of
public instruction is liable, as all other consli-
tu!iooal y ordsiued officers, to impeachment by
the House Of Delegates, aud prosecution before
the Senate. for msadn iaistration, c5rru ptinu.
neglect Of duty. or other high orims or MIC
meancr. Can q man hold the Office OF super
iatendeut of public instruction, and at he sam 8
TINA be sf nator? Ii 50, h,w could be be i'm
paochod The anomaly Of senator beicg im-
peached fer offerc css committed as scperictenC- :
ent of public ruciou. and yet acting ss a
Judge 10 his own case, would be presented.
Again euppose delegate durrg his term, is
elecled superintendent Of public instruction,
takes the Office but continues to hold his seat in
the House of Delegates and he is impeached for
scms Of the offences mentioned In She cor s.itu-
ton, Rs such superintendent, we would have the
anomaly of q delegate in the House presenting
articles of impeachment against himsslf and
prosecuting the same before the Senate. Can
this be right and proper? We thiuk no..
Mr.. BIchsrd K. Farr, tho delegate elected
fr m Fsi,faI county, wss during the last ses.
sion of the General hs tmoly. elected to the
Office of supali,fg d.. # public Instruction.
He qualified to lhlt flee On the dAy of -,
1882 assumed its duSies snd responsibilities. be.
came liable to impes cament for maladm inssra-
tion, etc and in assuming the duties of thst
Office, we sra Of the opinion that his post as dele.
gate from ths county of Fairfax became vacant.
The ofics of upsrintendan of pubic instruc-
ton falls under the executive department, and
tho exercise of the Iuuc.ioDs OF thst Office by 8
person holding post in either Of the other de.
partments of tha government Of the ssme