The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-10-07
The Legislative Term.


The fact that Governor CAMERON had or
dered a special election in the southampton
district (by mistake, as now appears
raised the question, When does the term o
amember OF the General Assembly expire
or begin? We asked a Judge and also al
cx-judgc. and both answered, but they die
not agree in their opinions. We examined
the State Constitution and the Code OF Wiz
pipia. and read in the " american Re
pOrtsD an opinion on a kindred question
But ali in vain. Judges, lawyers, and tn
reported cases failed to meet the point.
The Constitution Of Virginia fixes tn
times fer the commencement OF the term
Of the Governor. judges, and many otheI
officers. but says never word as TO Inc
time when the legislative term begins
The letter OF the Acting Secretary OF the
Commonwealth, published by us yester-
day, SAYS incidentally that the term expires
"this fall that is to say, before the Isl
dav OF December. which is the begin
ming OF winter-but fails TO name any
day for the expiration Of the term.
or any law or decision OF court,
upon which the dictum was based.
The volume Of American Reports re-
ferred to contains an opinion rendered
by the highest court in New Jersey, giving
lis reasons for its decision that in the alb
sence OF any law fixing the beginning OF
an officers term it begins on the day OF
election. A case in which the same deci-
sion had been rendered was in that opin-
ion cited from Mississippi, and another
from California. 1t is good law, no doubt (;
but the opinion referred to fails 10 provide
for the case before us in this, that it does
not tell us whether by the phrase "the day
OF election" The court means the day when
the ballots were cast or the day when the bal
lots were counted. The members OF the Sem
ate OF Virginia are elected "fOr the term OF
four years" These are the words OF the
Constitution. The law also provides that
they shall be elected son the Tuesday sue
ceeding the first Monday in November"
The length Of the term is not in dispute;
nor the day when the ballots are cast; but
as the law provides that the State Election
Board shall count the ballots on the fourth
Monday in November, and as therefore no
member could before that time well have
proper and lawful proof Of his election,
the question remains undecided as TO
when the legislative term begins.
The Legislature meets by law on
the first Wednesday in December
and it is the Legislature elected
in the preceding month which always thus
meets. A few years ago-in 1874, we be-
lieye-the law required the Legislature to
meet on the 1st day Of January. Evidently
the term did not begin on the lst day OF
The day Of meeting has also
been on the first Monday in December |
How much nearer the electiOn-day could |
the Legislature fix the day Of its meeting |
IL the Legislature were convened in No |
vember between the Tuesday after the first |
Monday and the fourth Monday, would the |
old Legislature or the new Legislature
assembly, This last is the question upon
which the Judge and the eX-iudge whom
we consulted held differing opinions.
Can Governor CAMERON, or the Attor-
ney-General, or anybody else, answer the
question?