The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-16
A Card from Judge waller n. staples

CIlRIsTIANsBuGG, VA, January 10 1888.
! 10 the Editor Of The Dispatch
! I desire TO state that no brother OF mine
or other kiusman, 50 far rs | am informed,
was Interested or It all concerned III the
decision of the court rendered in eI pdde
Meredith. The question, and the only
question, arising in that case was whether
ga Judge elected to fiji vacancy created
by death or resignation is entitled TO hold
/ the Office for the full term prescribed by
the Constitution or only for the uneXpired
term Of his predecessor My brother
Samuel C. Staples was the firSt-eleoted
/ Judge OF the County Court OF Patrick I'M
( der the present Constitution, ana held the
Office fer three years, as did the other
county-court Judges. In December, 1913,
/ he was again elected to the same position,
us were the other judges, for six years, his
term commencing the LIST OF January, 1874,
and ending the 3lst OF December. 1879.
| Upon the expiration OF his term Of
service Judge Lybrook was elected. There
was never any vacancy in the Office OF the
COunty-COurt judge OF Patrick county
until the resignation OF Judge Lybrook
upon his election to the Senate in Noyem-
| Der, 1881. When eI pdrte Meredith was
/
ont of Office. His term had expired by
constitutional Limitation. His successor
had been duly elected and had qualified.
| As my brother had no claim to the office,
and asserted none, he was not and could
not have been in any manner Interested IN
the decision Of the Court.
II is proper, TO prevent all miSapprehen-
sion. | should refer in this connection to
I III ~.
and reported in 81 Grattan, 40. In that
case the question was whether the term OF
cOunty-court Judge elected after the lst
OF January, 1880, related back to and COM
menced on that day, or whether it COM
menccd on the LIST day of January, 1881.
II it did not commence till the last-named
day, the incumbent whose term expired
on the 31st day OF December, 1870, would
hold over a year longer-that is, till the list
% January, 1881. As Judge Lybrook was
one Of the Judges elected after the 1st OF
January, 1880, apprehended that my bro
| Their might be considered as interested in
the question, though | knew he would
not claim the Office under any circum-
stances. | therefore declined to take any
part in The decision Of the case IN re
| BrOddtS. In that case a majority OF the
court held that the term OF Judge.
whether elected before or after the lst OF
january, 1880, commenced on that day,
and under that decision Judge LybroOk
qualified, took his seat, and held the office
until his resignation, when Judge Shehr,
the present incumbent, was elected. l
have been thus minute and particular be-
cause ia the argument of one Of the coun-
sci last Saturday in the Burks-HintOn case
it was stated that had brother who was
interested in the ca parte Meredith case, in
which sat and delivered the opinion. AS
this statement does me great injustice ask
that you will allow me to make the correc-
ton by inserting this card in your paper.
My absence from this place prevented
earlier attention TO this matter.
Very respectfully,
WALLER II. STAPLES.