The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-08-25
Governor Cameron-Again.

Governor Cameron-Again.
We showed yesterday that Mr.. RUE had
forfeited his place as State senator; that it
was clearly the duty OF Governor CAME
RON to accept his resignation and award a
writ of election TO fill the vacancy thus
created, and that the ia,o required him to
do this. We asked, VIII the Governor re-
fuse to execute the laws as required OF him
by the Constitution and said we were not
yet prepared to believe he could be guilty
OF 80 fragrant violation OF his duties and
oath Of office.
We repeat the inquiry this morning
which we said yesterday was ringing
througho ut the land: "Will the Gov
ernor not only refuse to execute the laws,
but wiliully and deliberately violate them
for partisan ends?" And we propose now
to show that it Is as much his duty to
award the writ Of election to fill the va
cancy in ex-senator MAETIN's case as in ex-
Senator RUE's. MI. MARTIN, as is well
known. was elected TO the office OF Rail-
road Commissioner by the last Legislature,
with salary of two thousand dollars
per annum. His term commenced on the
LIST of April last. when he qualified
and entered upon the discharge OF the
duties of his Office, and has since, we think
it fair to presume, drawn bis official salary.
Leaving out of view the fact. so often re-
ierrcd to by us, that the State Constitution
prohibits any person "holding salaried
Office under the State government" from
being "capabe of being elected a member
of either house of the General Assembly,"
and without discussing for the present
the apparently absurd proposition that
one is capable Of holding an office to
which he is incapable of being elected,
we proceed to inquire, Has not Mr.. MAR
TIN forfeited his place as senator by accept.
ing the incompatible Office Of Railroad
Commissioner just as Mr.. Rue did his
place as senator by accepting the position
Of postmaster? Ii they have for one in
slant, the offices are vacant and the right
of filling them rcyerts to the people, to be
filled in the mode prescribed by law.
Lord MANSFIELD says: "H two offices
be incompatible, the acceptance of the
latter il an implied surrender of the
former; and Judge STAPLES, speaking
for our Court Of Appeals in Robertson Us.
Clopton, judqe, and simply quoting the
language of BACON says: "Oflices are in
compatible or inconsistent when they can
not be executed by the same person, or
when they cannot be executed with care
and ability, or where one is subordinate to
or interJcreS NTH another, or where one
office is under the control of another"
And said the Court of Kings Bench, in
King Us. TizzGrd, . b. and c., AS, cited
by Chiei-Justice APPLETON in Stubs Us.
| Lee, Is Am. Rep, 252: 1.-Two Offices are
| incompatible when the holder cannot in
every instance discharge the duties of
EACH" "The acceptance OF the
second Office vacates the first" And such
is the language Of all the authorities.
| Would it be possible TO lind two more
incompatible offices within the principles
OF these authorities than those OF senator
and Railroad Commissioner We think
not.
In the first place, the Railroad Commits
sioner is elected, subject to removal. and
his salary fixed, by the General Assembly.
Could Mr.. MARTIN vote on any of these
| questions? He is also required TO shave
a general supervision OF all railroads in
this State" to determine whether any one
has failed to " comply with the terms of
its charter or with the provisions of the
laws OF the Commonwealth with re-
gard to connections, rates OF toll,
&c.; to report to the Board Of Pub
lie Works what repairs, rollng-stocl;,
stations, &c., are necessary for the proper
conduct OF the business OF any OF said rail-
roads, and TO do numerous other things to-
tally incompatible and inconsistent with
the position and duties OF legislator.
But, above all, he is required "to make an
annual report to the Legislature of his do
ingS," &c. just think OF Commissioner
MARTIN reporting to Senator MARTIN an
account OF "hiS doings," and you have 8
demonstration of the incompatbility ant
: Inconsistency of the two offices. Tn,
question is too absurd for further argu
ment. But we understand that Messrs
Rue and MARTIN have rendered their resic
nations, AID the whole matter, IL thi, b,
true, rests with the Governor, whose DIT,
/, it is under the law to issue his wr;ts Of
election to fill the vacancies.
Again we ask, in the language OF the
Constitution, Will the Governor "take
care that the laws be faithfully executed ?
And again: How long would it take Gov.
ernor CAMERON to determined what the
lao required him TO do il ex-Senators RuE
and MARTIN were Democrats? In the
name OF the PEOPLE we await the Cover
nor's answers. We ask the Governor to
be the Governor OF the rhole people Of this
Commonwealth.
! ---------- ------
Colonel Robert 4. WRITER'S is, we think.
the first representative southcrn.man who