The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-12-11
VACANT SENATE SEATS.
Message from the Governor and
Committee Report About Them.
GENERAL wICKHAM on THE PUBLIC DEBT.
The House Totes to Seat Or. Lawson, Of Isle
Of Wight County.
COMMITTEES or THE HOUSE ANNOUNCED.

cupied the chair by request. Prayer by
the Rev. w. B. McGilvray.
Mir. Waverly N. Rsgland. the Governors
secretary. presented message from the
Governor In writing, which was read as fol-
ows:
COMMONWEALTH OF VIRGINIA.,
GOVERNORS OFFICE,
RICHMOND. December 6. 1883. y
To The Senate Of Virginia:
The following vacancies have occurred
| in your body "by resignation during the
"recess OF The General Assembly," since
the adjournment of the last session OF the
Senate on the odd day Of April, 1882. until
the first Wednesday in December. 1883:
| The resignation OF W. \. stevens, sena-
| tor from the Twenty-seyenth district, was
received and ertered on the Executive
journal November q. 1888.
The resignation Of G. A. Martin, senator
| from the Thirty-tirst district. was received
and entered on the Executive Journal No
vcmbcr %. 1883.
The resignation Of J. X. Jones, senator
from the Twenty-fifth district. was received
and entered on the Executive journal De-
ccmber |. 1888.
The resignation OF VI. i. Rue. senator
from the Thirty-third district, was received
and entered on the Executive Journal De-
cember 3, 1888.
The law Of the case, so far as the powers
and privileges OF the Executive are con-
cerncd. is 10 be found in Article ". Sec
ton 7. OF the Constitution, and in chapter
". section Is, OF the Acts OF Assembly.
page 13S, Code Of 1873.
The constitutional provision is: " II va
4 80 I'll
Assembly, such writs may be issued by the
Governor. under such regulations rs may
be prescribed by law"
The only "regulationS prescribed by
law" are to be found in the Code as above:
"a writ Of election TO fill a vacancy il the
General Assembly shall be issued by the
Governor, when the vacancy occurs, by
death or resignation, during the recess Of
the General Assembly
Under such specific restriction OF the
authority OF the Governor to such cases of
vacancy as might occur "by death or re-
sIgnation," il was not considered to be the
province of this department OF the gov
eminent to cOnStrue vacancies. Suggcs-
tions not compatible with this view were
made-but not through official channels
that certain members OF the General AS
sembly had incurred ineIigibllity during
the "roccSs OF the General Assembly,"
before any notice had reached the Gov.
crnor OF the "death or resignation " OF
any member Of the General Assembly.
While this subject was under cOnSdera-
ton Il paper III the form of petition from
voters of the Thirty-third senatorial dis
trict of Virginia was received, together with
n letter OF counsel setting forth that VI. =.
Rue, late senator from that district, had ac.
cepted aud qualified to Il Federal office
and had so disqualified himself for a seat in
the General Assembly. The reply made TO
that petition was a respectful refusal.
Attention Is called TO the fact that the coun-
sci for petitioners notified the Governor OF
Virginia if he refused TO adopt the views
therein contained legal steps would be
taken TO control his discretionary power.
Accordingly, application was made to the
Supreme Court OF Appeals, then in session
at Staunton, TO give a rate against the
Chief Magistrate of this Commonwealth to
show cause why mdndGmuS should not be
granted against that officer TO compel the
issue Of writ of special election in the
Thirty-third senatorial district II may
be presumed that the Court refused to
grant even the preliminary motion. Ger
talnly the Governor, then nor since, re-
ceiyed any notice of the purpose Of the
Court TO invade the prerogatves Of an
equal and coordinate branch of the Gov
ernment-prcrOgatives which. in ne
cessary protection of all the rights
and interests of the people, should
be jealousy separated and zeaIously
defended. II this presumption be cor
rect. the result is only additional teSti-
mony TO the fact that (under whatever po-
litcal name) no representatives OF any real
sentiment IN the Government OF Virginia
will, by misuse Of mere partisan force,
stamp out the traditional division of pow
erS on which alone rests every hope OF ga
government from the people, by the peo-
pie, and for the people,"
The duty OF the Executive is TO send
you, also, the disposition made of the re-
signations above reported. Each one was
acted ON as received.
The object OF the provisions Of law, as
quoted above, was believed to be twofoId
First. To prevent any invasion by the
Governor upon the constitutional right Of
the Senate TO determine the membership OF
that body. To concede the right or power
of The Governor to depart from the plain
letter OF the law, TO make vacancy by con-
struction. or to require a special election TO
I'll it, would, in the judgment Of the pres
ent occupant OF the Governors office, deny
nalienablc rights to the people Of the seve-
raj districts, and criminally invade the
power "sOlely vested " in the houses of the
Legislature.
second. The next object of this cOnsti-
tuional and statutory legislation must have
been TO guard against the denial to any
constituency for any longer period than
was absolutely necessary OF representation
i'm the General Assembly. And so the Gov
ernor, being restricted as to the circum-
stances under which he should consider "A
vacancy to occur, his duty was indicated by
the Constitution and fixed by the statute.
designations having been received at the
dates above reported, it was therefore held
that the only right OF the Executive land
then an imperative duty, should the Gen.
eral Assembly be in recess) was to issue
writ for special elections to cover any va
cancy occurring 10y "death or resgna-
! ton"
| In the outset Of this communication the
vacancies existing In your body were emu
merated and the lawful reasons why they
should be treated as vacancies.
SubiOined is Il statement of the manner
in which the Governor during the recess
of the General Assembly provided to I'LL
them.
Writs OF election were issued November
%, 1888, to fill the vacancy in the Twenty
seventh district, and the election was Or
Gered to be held on December 5, 1883.
Writs OF election were issued TO fill the Va
cancy in the Thirty first district November
Is, 1888, and the day of election was fixed
for Tuesday, December IL, 1888 but the
Sergeant OF the city OF Norfolk having
failed to receive such writ in time TO give
The ten days notice required by law. and
The Governor having received due notice
OF that failure, on the Sd OF December,
1883, new writs were issued for the Thirty