The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-12-08

. liOilN liitl III tUt Ollltt vi int tifIh OIL tue
Senate Immediately after the adjournment
OF the Senate.
Mr.. Thurman called the meeting to or
der. He called up the resolution offered
in the Senate by Mr.. Heaton, inquirine il
there were any vacancies in the Senate
and II so, where they were, and how they
occurred.
The Clerk read the resolution, which had
been referred TO the committee.
Mr.. Thurman said this raised the qlles-
ton OF four district vacancies.
Mr.. Mccormick said that Judge Henry
Allen, OF Shenandoah, had given the SUBJ
iect great attention, and he moved that he
be heard. This was agreed 10, and Judge
Allen was invited by Mr.. Thurman to give
his views.
Judge Allen thanked the committee and
asked for time TO send for certain books OF
authority.
While this was being done the commit
tee conferred.
Mr.. Thurman stated that the question
was that at one time the Governor took the
ground that he could not order an election
unless in the case OF death or resignation,
and that he had ordered an election in GER
tain cases although the Senate had no inti-
Mr.. Loyenstein called attention TO the
report of the Secretary OF the Common
wealth announcing vacancies in the Thirty
first, Thirty-third. Twenty-ifth, and
| Twenty-sevcnth districts. This report
no account OF the manner OF filing them
was made or how they occurred.
Mr.. Glasgow asked how the vacancy i'm
f1,a Tttrnt GEL, Ifot tric or
Mr.. Grim said by the resignation OF J.
II. Jones. postmaster. The vacancy oc-
CURED on account OF the acceptance by the
incumbent OF United States Office.
Mr.. Diggs wanted to prepare a resOlu-
ton calling on the Secretary OF the Com
mOnwealth to give reasons for vacancies.
lIessrs. Loyenstein and Thurman did
not think the Secretary would Iecognize
the committees request.
THE THIRTY-THTRD DISTRICT.
Mr.. Glasgow moved that the question of
vacancy in the Thirty-tirst district be taken
up, as gentlemen from Norfolk werc pre-
sent who wished TO be head. This was
done.
Mr.. VI. T. Starke. Of Norfolk, stated by
request the facts in the case.
| lie said Colonel George 4. Martin, while
a member Of the Senate. was elected Rail-
road Commissioner, and had entered upon
his duties. lie recently resigned Us senator
He went into ofliceAprl 1, 1888. Since then
| he had been. to all legal effect, until lately
holding the Office OF senator. Senator NJ.
| p. Rue was an incumbent OF the Senate
from the Thirty-third district. He was
made postmaster OF Norfolk immediately
alter the adjournment OF the Senate. lie
resigned the Office Of postmaster, the issue
having been made by the United States
Postmaster that he could not hold both Il
State and Federal office. lie recently, it
| is said, resigned the Office OF state senator.
and the speaker said the Governor had re-
Gently ordered an election TO ill the Va
cancy.
JUDGE ALIENS SPEECH.
Judge Allen said he was not the counsel
OF the gentlemen from Norfolk and Ports
mouth IN any sense Of the term. He said
the question was one OF grave Importance
one OF the gravest that perhaps had ever
been presented TO the Senate OF Virginia.
| II was Il constitutional question. He would
address himself 10 one question: vacancy
/ by reason OF the action OF the incumbent
| before the Governor received hi, resigna-
| tiOn He took the Tbrty-trst district.
| He saw no doubt about the fact that when
| the Senator accepted the position OF post
master he vacated his seat ipSO tGctO. He
quoted section - OF Article } OF the Con-
stitutIOn. concerning the manner OF making
returns. filling vacancies, &c, upon which
! the question OF filling vacancies is based.
| The General Assembly has declared that
when State officer accepts a Federal
Office he at once yacateS the state Office.
and read section Of the Code in support
OF this. He said 10 one could question the
| fact of vacancy. The Governor had re-
cOgnizcd the facl by accepting the resigna-
! ton. Rue had recognized it by resigning
his position. The opposition had conceded
| it. Now the question Tor consideration
came up whether the Governor OF the state
| had a right to issue a writ. He thought
clearly not. ii we are to be governed by
| the Constitution. he had no more right to
| issue the writ than he (Allen) had. There
was no law for it. He had high regard for
| the Governor but when there was clear
and plain violation OF the Constitution, 1t
! should be Tcbuked. and unless it Is re-
| buked YOU might rs well throw your system
| of government 10 the winds. He chal-
! lenged any man 10 bring any law 10 show
| the right OF the Governor TO issue the
writ. lie referred to the action OF the
Court OF Appeals IN the case OF Bunting
against Withers, which decided the case.
| The Constitution provides that each house,
among other things, should direct writs to
/ fill vacancies. He had aS Speaker issued
writs OF election under constitutional pro-
visions. When vacancies occurred during
the recess writs might be issued by the
Governor. Under such regulations a. may
! be prescribed by law was the cOnstitu-
tional provision. and this did not
give any right in tho world TO issue
/ writs. II required legislative action
to give this provision life. All the
courts Of the country had held thus when
ever a constitutional question OF this sort
was brought before them. There had not
been one single dissenting opinion in any
State. The supreme Court OF the United
States, Chief-Justice Marshall delivering
the opinion. had decided that where there
was a constitutional opinion OF this sort il
was of no effect until the Legislature acted.
Judge Campbell, Mr.. Trigg, and others
/ took the position under the Constl-
tuition that the county OF Wash
ineton could tax the Virginia and
Tennessee railroad, but the Court OF Ap-
meals decided that until the Legislature
acted the law i'm regard to taxation was
dead and dormant. Judge Staples deliy-
cred the opinion. The decisions OF all the
courts. and the unanimous decision OF our
own Supreme Court. were conclusive. All
authorities sustained the view he adyo-
! Gated. The Constitution provided for the
filling OF vacancies by death or resignation,
but YOU must pass the law and define
strictly and accurately what should be
done. In this ease there was not death or
resignation. The office was vacant when
/ Rue became postmaster. When he resigned
he had no office to resign. lie Mr.. Allen
could resign the position OF senator with
I inst as sluch taste and right as Rue
aid when he accepted the postmastershp