The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-08-24
Governor Cameron.

We hear the question propounded daiy'
. VIII the Governor Of this Commonwealth
wilfuIly and deliberately violate the Con-
stitution and laws Of this State by refusing
10 issue writs Of election to fill the vacan-
Giles occasioned by the designations OF ex-
Senators RUE and MARTINI" We cannot
answer the question; but we are not yet
prepared 10 believe that his Excellency
can so far forget the plain requirements Of
the law and his oath a. to do what some
apprehend he will be forced by his con-
trolling "malign influence" to do.
Mr.. RuE, rs is we'll known, has for the
past year held the office OF postmaster at
Norfolk, an Office Of emolument under the
United States Government. Sections and
2 Of clsspter II OF the Code provide that
no person "shall he capable Of being
elected or appointed TO or OF holding any
Office or post Of profit, trust. or emolu'
ment civil or military, legislative, eXecu-
tive: or judicial, under the government OF
This Commonwealth "who holds
any post of profit, trust, or emolument,
civil or military, legislative, executive,
or judicial, under the Government OF the
United States. or who receives in any way
from the United States any emoluments
whatever" In Bunting Us. wits. Judge,
&C, rs Grattan, 14i,) BUNTING, who
was elected and qualified as sheriff
OF Elizabeth City county, rendered
his resignation as deputy United States
collector to take effect the day be-
fore his term OF Office OF sheriff COM
menced. On the LIST day OF July, when the
term OF Office OF sheriff did commence, he
only completed an official act as collector,
which he had commenced two days be-
fore; and he surrendered the office to his
successor the day following. The County
Court. Circuit Court, and Court OF Ap-
peals, all held that the performance OF this
one piece of an act, rs Federal officer,
vacated his Office as sheriff. The order
allowing him to qualify was set aside, and
he was ousted from the State office. Judge
M0NcURE, in delivering the opinion OF the
Court, discussing the language OF the
Code above quoted, says: "To be sure
that law does not expressly declare that
he shall not be eligible to. but only that he
shall not be capable Of holding any post.
&c. We can see some reason for using the
latter rather than the former language, rs
1t may have been intended to have the
effect OF preventing not only Federal Off
Ger from being elected to a State office, but
also State officer from receiving Federal
office ,oittoM ipSo .facto yacating his State
office" Section Is of chapter OF the
Code provides that ga writ OF election
to fill vacancy in the General Assem-
bly, shall be issued by the Governor
when the vacancy occurs by death or re-
signation during the recess OF the General
Assembly. Section of article OF the Con-
stitution Of the State provides that the Co
vernon "shall take care that the laws be
faithfully executed" Mr.. Rue has not
only forfeited his Office as 4 senator. under
the laws, but, we understand, has rendered
his resignation. Will the Governor refuse
to execute the laws? This question will
be iterated and reiterated all over this
Commonwealth until the SOVEREIGN PE0-
PIE are answered. How long would it
take the Governor to determine what the
lar required him to do if eX-Senators RUE
and MARTIN were Democrats