The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-01-18

The peoples representatives in the Geners
Assembly are thus deprived OF their right t
select their Judicial representatives.
AS persuasive authority upon this matter,
desire to call the attention Of the court to th
fact that in the General Assembly elected i
1877, the Committees of Courts submitted til
following reports to the House and Senate. i
which they declared, among other thing
that. M
/ a. That the circuit judges W no were electe
to fill vacancies are entitled to hold office uI
der said election only during the unexpire
terms for which their predecessors were orig
inally chosen.
Article VI OF the Constitution divided tn
State into sixteen judicial circuits. 1t provide
also as follows
"Section 10. The General Assembly may re
arrange said circuits, or ally of them, and in
crease or diminish the number thereof whe
the public interests shall require it."
"Section II. For each circuit Judge sha
be chosen by the joint vote of both houses G
the General Assembly, who shall hold his o.
j fee for term Of eight years, unless soone
removed in the manner prescribed by this Cor
"Section 90. All the judges shall be commits
stoned by the Governor, and shall receive sue
salaries and allowances as may be determine
by law, the amount of which shall not be di
unfinished during their terms of Office. Thei
terms of office shall commence on the first da,
of January next following their appointment
and they shall discharge the duties of thei
respective offices from their first appointment
and qualification under this Constitution, unit
their terms first begin"
In Article VI of the Constitution, which
exclusively concerns the judiciary depart
ment," there is no provision for filling vacan
cies in judicial positions; but, in Articl
", which relates to the Legislative depart
ment," it is provided as follows:
i "Section 90. The manner of conducting an(
making returnseof elections, of deter mining COZ
tested elections, and vi filing vacancies in of
flee, in cases not specially provided for in thi
Constitution, shall be prescribed by law; ant
the General Assembly may declare the case'
in which any office shall be deemed vacant
where no provision is made for that purpose
in this Constitution"
/ Pursuing the requirements of the Constitu
ton, the General Assembly, in 1863, elected
sixteen circuit judges, whose terms OF Office
| commenced (under section %, Article VI, O
the Constitution } on the first day of January
/ 1870, and will extend for eight years, expiring
January 1, 1879. Aud subsequently thereto
by virtue of section %. Article ", above
quoted, it adopted joint resolution, which
reads as follows
| "Resolved by the Senate 1.-THE House of Del
egates concurring), That all elections by the
General Assembly to fill vacancies in the office
of judge shall be only for the unexpired term
| OF his predecessors" Acts 1928, page 3.
| This resolution, in our Judgment settles this
question.
| (2) But two vacancies have occurred in the
Office of circuit judge since the Constitution
| under which we are now legislating, was
adopted In 1874, the Hon. Alexander Ma
hood resigned the judgeship of the Fourteenth
circuit and on the 10Th OF April, of that year,
the Hon. Henry E. Blair was elected in his
stead. The House Journal of the proceedings
of that day records his election as follows
"Henry E. Blair having received majority of
all the votes cast, was declared duly elected
Judge of the Fourteenth judicial circuit to flu
the 0acancy Occasioned By the resignation Of Judge
a. MaltOod." (See House Journal of 1874, page
1901 The Senate Journal of the same day
records that Henry E. Blair having received
all the Yotesscast, was declared duly elected
judge of the Fourteenth judicial circuit for tile
unegpiraI term Of Judge A. Ma7s0od, resigned"
(See Senate Journal, 1874, page 446)
On March 16, 1876, the Hon. George T. Gar
rison resigned the judgeship of the Eighth
resided, having been assigned to the then newly
Journal, 1915, page 341.
On March %, 1873 the Hon. Robert L. Mon
tague was elected judge OF the Eighth circuit
(See Senate Journal, 1S74-'5. page 500, and
House Journal, 1S74-'5, page 1867 The jour-
nails do not express his election to be to fill
the vacancy created by Judge Garrison's resig
nation, but this vacancy undoubtedly existed,
as the Eighth circuit, although changed in
some of its parts, has never been abolished !;
md tha ini ,lt1f1A Of xx,bi oh hoe
been already referred to, operated upon and
governed the case. The terms of Judge Mon
tague and Judge Blair will accordingly expire
on the LIST OF January, 1879.
81 Two new circuits have been created. By
the act entitled AN act to establish new ju-
dicial circuit, to be known as tie Seventeenth,
and to alter the First and Eighth circuits"
approved March 10th, 1875, (see acts of
| 1874-75, page 49, the one was established :;
and by The act entitled An act to sub-diyide
the Twelfth judicial circuit, and to create a
new circuit, to be known as the Eighteenth
circuit-see Acts 1876, page 272--approved
March 25, 1875, the other was Established.
On the 25th OF March, 1875, the Hon. George
T Garrison, who had previously resigned the
| judgeship of the Eighth circuit, was elected
| judge of the Seventeenth circuit. (See Senate
journal, 1S74'75 page 996.) And on March
| 9th, 1875, the Hon. Mark Bid was elected
judge OF the Eighteenth circuit.
These gentlemen are entitled to hold office
| for term OF eight years from the respective
dates of their election. Section % Article vi,
of the Constitution, applying in our judgment
to give the beginning of the terms of the
judges who were elected for the sixteen origi-
nal circuits on the LIST of January, 1870 and
not to the terms of new judges of new circuits
which are, under section H. Article vi, for
period of eight years. When that term be-
gins, is to be fixed by the General Assembly,
which creates the office, and unless fixed in
express terms, it begins by operation of law
when the judge is elected to office.
a. The General Assembly has full and ex-
plict power to re-arrange and to increase or
diminish the circuits; which implies the power
to create or abolish the circuits. The office of
| judge of circuit must depend upon the ex-
istence of the circuit Itself. To abolish the
circuit is er oatermeaoi, to abolish the judicial
Office which attaches to it. Therefore we think
it clear thata judge elected for circuit. ceases
| to be judge when his circuit ceases to exist ;
and OF course ceases to be entitled to any salary,
allowance or other perquisite OF office In other
words, the General Assembly has power to
legislate the officer-out Of existence.
The following report was presented in the
House of Delegates:
| The committee tor Courts of Justice have,
according to ORDER had under consideration
a resolution enquiring which of the circuit
| and corporation judges Of the State, now hold
| ing office, were elected for new circuits and
which We're elected to fill vacancies, and the
legal effect which re arrangement of the ju-
dicial circuits would have upon said judges as
to their rights to continue in office, and
their rights to receive their salary;" and a
resolution enQuirlng whether the circuit
| judges who were elected to fill vacancies lit
any hold for full term OF eight years, or
only for the unexpired term of their predeces-
sors ?" and beg leaye to report:
That the following judges were elected to
new circuits, viz:
| Judge Garrison was elected to new circuit,
composed of the countles OF Accomac and
and was commissioned on the 25th of March,
1875, and that his term commenced the 1st
January, 1876 (See Constitution, Article VI,
section 22.)
Judge Bird was elected to new circuit,
composed of the counties of Rockingham,
Shenandoah and Page, called the Eighteenth
circuit, and was commissioned on the 9th
March, 1875, and his term commenced on the
1st January, 1876.
The following judges were elected to fill
vacancies
| Judge Blair was elected t0 fill vacancy
occasioned by the resignation of Judge Ma
hood, OF the Fourteenth circuit, and was COM
mis- stoned on the LIST May, 1874.
Judge Montague was elected to fill a va
cancy occasioned by the resignation OF Judge
Garrison, of the Eighth circuit, and was COM
missioned the 25tn March, 1915.
We are of opinion that the Seventeenth and
| Eighteenth circuits were new circuits, created