The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-04-20

IUis COllfEt - ln'ltloIt vi tHt NliIc OF II
ginia, and to be exercised under the laws
OF the State.
What j. the competent public authority
vested by law with the power to remove
the visitors Of the said college?
! This Is the last and only question in this
controversy about which there can be any
real dispute. To this question, in fact, has
been mainly directed the efforts Of the
counsel who have argued this case here.
Many authorities have been cited and Illus
trations drawn from the common law and
It's ancient offices. But the tenure OF an
cient common-law Offices and the rules and
principles by which they are governed
have no application to such Offices As
these. The tenure in those cases depends
upon ancient usage in great measure.
| But here we have no ancient usage which
can apply to and govern the tenure OF Of
fees created by our Constitution and laws.
They are OF recent origin, and must de-
pend entirely on just construction OF the
law by which they are created. In such
case the tenure OF the Office must be deter
mined by the meaning and intention OF the
statute by which they are created.
| What are the terms Of the charter OF this
college concerning the visitors appointed
hereunder!
The Legislature not only Incorporates
the college, but appoints the Board OF
Visitors. II reserves the right to modify,
alter, or amend the charter at its pleasure.
1t grants to the Governor OF the State cer-
tain powers; and so far IA these powers
are granted, and no farther, can they be
exercised by the Governor. Under our
system of government the Governor has
and can rightly exercise no power eX-
cept such us may be bestowed upon
him by the Constitution and the
laws. The charter OF this college
confers on him the power TO ill by eXecu-
tive appointment such vacancies rs may
occur in the Office OF visitors OF this coli
lcgc by death, resignation, or otherwise.
The power TO ill vacancies rs they have oc-
CURED for the last twcnty-nine years, COM
pri,ing the existence OF the college. has
been exercised by many successive Gov
enors of this state, and has never been
questioned or denied.
But, aS is disclosed by the proceedings
here. on the 22d day OF September, 1882,
the Governor rCmOred the entire Board Of
Visitors OF the college. The said Board
OF Visitors deny the power or authority
Of the Governor 10 so remove them. and
refuse to give possession OF the college to
petitioners here. who have been designated
| bv the Governor as their successors, and
| This Court is now asked by mqNddmUS
TO compel the said respondents TO
surrender possession Of the said college.
| This i delicate responsibility imposed
upon this Court. but this Court can re-
gard the question only in the light OF
Il controversy between two conflicting
claimants. The Court cannot refuse it,
writ IL petitioners are entitled to have il
| issued. nor, on the other hand, can it award
| the writ il respondents are entitled to hold
| the said college. And in determining this
question the Court can be guided by moth
| Ing hut the law OF the land a. it Is written.
| Petitioners claim that the Governor is the
appointing power. and that without any eX-
pres, authority in the law the power TO re-
move is incident to the power to appoint.
Into this wide and much-cOntested field it
cannot be necessary TO 90 until we set
tie the question whether the Governor is the
appointing power. By the charter OF the
college, a. we have seen, the Legislature ap-
pointcd the visitors. and reserved To Itself
only the power 10 after or modify or
amend the SAID charter. The appointing
power in general terms is not conferred on
| the Governor in the charter, but limited
power of appointment, with the power to
| I'LL vacancies and when we look TO see what
vacancies, we find that the power is grant
| ed 10 fill vacancies that may occur Chat -,
NAV happen; an occurrence Is IN acc-
dental event by death, resignation, or
otherwise. 4 death may occur, reSigna-
ton NAV occur. and tine Attorney-Gcneral
/ insists earnestly in the argument in this
case that the word otherwise" coupled
with the word "occur"-that j.. "OCcltr
otherwise is broad enough TO cover a
wholesale removal OF the nineteen members
Of the Board by a single order 10 that end.
/ II the LEGISLATURE had 50 desired or in
| tended il was as easy To Use the word
removal" as any actually used, and we
| think il i safer 20 consider that such words
as are used are those intended To be used,
and such words ~ are not used were not
intended to be used.
II we consider this charter i'm the light Of
the circumstances which surrounded ltS
enactment. we are strengthened IN Ollr
views When il was enacted the State
was not the owner, as now, Of all its
property. and was not, as now, maintain
mg the college in part by annual appropria-
tions. The power TO repeal was reserved,
and if NAV bc inferred that as long as the
college was Used for the purposes for which
il was incorporated that there could be no
desire 10 repeal the charter or 10 remove
the visitors. and no such desire existing, Il
would be q strained construction to dis
Germ an authority 20 remove ingeniouSly
discussed in an authority 10 ill occurring
vacancies. II we remember that the State
had al the time the charter was granted no
greater interest in the college than such H.
micht desire its greatest usefulness and
nrospcritv. independent OF any right OF
nroucrtv therein, it is not difficult to dis
cover why removals were not provided for.
and indeed why no term was limited in
the Office of visitor. and when we remember
/ that in twentv-eight years this act has re-
cciyed only this construction at the hands
of successive Governors, who during
many successive terms Of Office and many
wears have filed only such vacancies a.
/ have occurred under the terms and within
the exact limit OF the language Itself, we
are sustained 10y the conlemporane0us con-
struction which this char,er has thus re-
ceiyed. II the present GONefnor OF the
| State is authorized 10 make these removals,
| then each Governor who mas niied the gu
| bernatorIal Office since 1871 has had the
same authority; and vet 1t has never been
exercised. II the Governor OF the STATE
| had under this charter, enacted Ill 1871, re-
moved all the visitors OF this college in 1855,
il would have doubtless been received with
surprise, but it cannot be denied that he
would have had all the authority which
exists now % that end.
This much for the executive eontempo-
raneous construction Of this charter. What
has been the legislative construction OF
the samey The Attorney-GeneraI. in
| the argument OF this case here ex-
hibited two bills introduced into the
Legislature Of the State l It's last