Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1882-03-22
Remarks Made in the Senate
by MIR. Ly brook when IL was
Proposed to Elect IL Judge
for Prince William county.

Mr.. President,- - The question is upor
the election OF a successor 10 bill
vacancy in the judgeshlp 10 Prince
William county.
Satisfied that no vacancy exists IN
that office, l cannot vote. The tact is,
that Judge Weedon was elected in 1878
constituuonally for term Of six years
as the Constitution provides.
In positive, direct, and uuquestlon'
able violation Of the express language
of The Constitution Of this State IN 1880
Judge Howlson was elected as his sue
cessor.
In its proper form this question as tc
who was entitled 10 that office came
before the Court Of Appeals and was
decided tha! there was no such thing as
vacancy IN q term under the Consu'
tuition OF this State, nor under the Con-
stitulion of any other State in the
Union; tha; it has been universally inc
decision of every court in the Union
that there IS no such us vacancy III
the tGm Of judgeship. With this un-
derstanding what The law was in 1861
the Constitution under which we live
to-day was formulated; it was never IN
tended that the judiciary Of this State Oh
apv other State in the Union should be
subordinated TO the dictates of a Legis'
lature controlled by political passion
and partisanism.
call attention 10 the second article
OF the Constitution Of this State. TIE
language is as follows: The legislative
executive, and judiciary departments
shall be separate and distinct, so thai
neither exercise the powers properly
belonging 10 either Of the others.-
What las never been questioned De-
fore the meeting Of the present Legl''
| lalure or anything else in the UnlIet
States, nor in England for over sever
hundred years, this Legislature, claim
ing 10 be the Liberal party, y,assumed the
riohi TO reverse the solemn decision o
a coordinate and independent branch 0
thj, Government, whose authority up
on this question is as absolutely IN
dependent Of the Legislature as TIT
LEGISLATURE is ofthat court in the pass
ace Of ordinary laws under the Con
slituuOp.
The Legislature passes laws; th'
Court Of Appeals interpre's them
Whether they are constitutional or not
their decision is the binding law upoI
this Commonwealth. He who denie
this is no lawyer; is not fit TO be law
maker of this Commonwealth, and
the
ENE EM1 Af VI IL
This decision in the Weldon case Is III
law Of this Commonwealth.
| dare any man to assert that tn
Legislature of this State has the rish
TO reverse that decision.
: This dangerous, rash, ,unconslltulloh a
and revolutionary set is simply lnausu
rated for political purposes and agains
= the interest of the people we are hef
to represent. No man who took tn
oath Of Office when he became a men
Der of this body has right now |
violate that oath by crushing under hl
feet the Constitution and the laws o
this State and an independent an
coordinate branch Of this govelnmea
for political purposes. l. tor one WI
not do it.
declare that there is 40 vacancy
the iudgeship IN the county OF Prn'
William. Therefore l will not vote II
|
vour candidate. If / did, l solem
believe | would violate my oath as
member OF the Senate. SO would
II have violated my oath in voting i'
Judce Hinton, the successor OF JUDI
Burkes. so would / have done
voting for any candidate who was
nominee of the caucus that refused
recognize the decision of the Court I
Appeals as the law Eof this Comm u
J, wealth. Therefore l record my Vo
AGAINST every candidate who is propose
to be elected to fill vacancy that u
Court of Appeals has decided did n
i exist.
Icall the attention of thinking me
70 sections 5, IL. and l3 Of Article v
o oflbo Constitution Of this State. The
: sections declare positively, without ln
slightest equivocation or DOUBT 'na
D. the Judge of the county courts sna
'e hold their terms lor SIX years. 'no ="
" emit for eight years, and The Court
7 Appeals for twelve years.
This is precisely what the Consnt
. tuition of this State says There Is n
one word anywhere to be found In th
|. Constitution that contradlcts The aoo
! clauses, except that in case oil vacan
occurring in the recess OF a Leglsialu
the Governor has The power to hil u
vacancy of judgeshlp, and the Co'
stltution expressly provides that u
term of that appeintee shall expire
the expiration of thirty days after ia
meeting of the succeeding Legls'a.ur
AZ This is the only vacancy proVloe
under this Constitution, 10 regard 10