Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-19

den. for tho purpose OF making " mann
fcst 10 the world that the two conquered
provinces are to remain definitely inte-
grail portions OF the German empire.
-
Tho OFerrall Case-Mr. Harris's View.
The Hon. John T. Harris was for years
Circuit Judge. lie was also for years a
member OF the national House OF Rep
resentatives. When. therefore. he dis
cusses a constitutional question. thought
fui readers will listen TO his conten-
but in the expectation that they will be
profited thereby. But Mr.. Harris has
another reason for claiming a hearing
namely. the fact that he IL what might be
called an expert" In the matter OF con-
tested-election cases. having since he re-
tired from Congress been employed by
many contestants and contestees 10 prose-
cute their cases before the committees
Of the House OF Representatives. We sup
pose we should do him no more than Jus
tlce II we were to say that the House OF
Representatives has seldom had mem
Der who had more thoroughly than MI.
Harris studied all the questions which
arise in contested-eiection cases.
Wen. what says Mr.. Harris upon the
question OF the power OF the Governor
OF Virginia 10 Issue a writ OF election
10 mn the vacancy which will happen"
/ IN the House OF Representatives when
Mr.. O'Fcrrall shall resign his seat In
| that body. his resignation Ia take effect
go near the gcnerai-electIon day that
an election TO I'LL the vacancy cannot
then be held? We answer that he says
nothing upon that particular point; but,
disregardng all that has been sald upon
| Il BY the Governor and the Attorney
| General Of Virginia and all the rest OF
! the learned lawyers who have discussed
| the same ne confidently asserts that the
vacancy cannot be filled at ali until the
! Legislature has provided for filing the
same.
! Mr. Harris cites the old maxim, Dele
| gatus non potcst leepnre." as applicable
to the case before us. and after quoting
the provision OF the Federal Constitution
which says that the times, places. and
manner Of holding elections for repre-
sentatives shall be prescribed In eocf
| state by the Legislature thereof, he ar
CUES that the Legislature OF Virginia ctn'
not delegate 20 the Governor the power
thus conferred upon IT, but must Itself
| fix the time for the election Of Mr.. OFer-
rails successor and for oil special cleo
| tons. There IS no constitutional law N
the subject in this State. and 50 there
can be no constitutional election hclc
| under the circumstances now cXisting.
Mr. Harris says nothing directly bear
ing upon the power Of Congress to sdOp'
the times fixed upon by The state
Legislatures for election 81 represen
tativcs The act of Congress Of 1872
providing for their election. fixes upon the
Tuesday next after the first Monday II
| November as the time to hold the gen
eral elections OF representatives,, but also
provides that in States whose constitu
lions fix another day for holding thos'
| elections. and wherein, therefore, sucl
elections cannot be held on the day nance
by Congress till the State elections have
been changed the said elections may Il
held nj the time Gxcd by the state laws
This is done under the provision OF thu
| Federal Constitution which empower
Congress to make or alter such regu
lations We refer to this Federal Law
| as showing how that law now stands
and not because II Is applicable to tn
case under consideration At the Fam
time. 1t must be conceded that II Cen
gress had made or altered state regula
tions applicable to special elections tn
congressional law would override all Stat
laws upon the subject.
Mr.. Harris argues hs point wi'h clear
ness ard ability He holds that the uov
ernor Of Virginia can have no other thai
a ministerial duty to perform. even II h
has the right to issue a writ OF elect,o
nj all lie may order an election 10 b
held. but not until the Legislature shdl
have fixed the time for ,he said election
to take place.
In a word Mr.. Harris presents q neN
| case for the consideration OF Governo
| Mckinney when he CONES 10 cons.de
the expediency Of ordering an election {
FIJI the vacancy which will have bee
caused by Mr.. OFerralrs resignation
If Mr.. Harris's contention
maintainablc then Mr.. O'Ferra
need not resign his scat IN Con
gress until the time comes for him I
enter upon his duties as Governor unles
the Virginia Legislature shall have pr,
viously passed a law providing a ccnsti:J
tional manner OF hllinG vacancies 4
Virsinia's representation in the natona
House OF Representatives.
A vacancy cannot be filed until the-
is a vacancy, say the Governor an
the Attorney-General SO writ of cleo
tion cannot be issued until there IS 4 la
fixing the time for the lection 10 be helC
| ---------
The people of Atlanta, Ga. have LEI
one IA" out OF the name intended TO b
given TO that city They write and ca
1t Atlanta" when its original name wa
"Atalanta."