Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-09-30
SATURDAY..........SEPT. 80, 1893
MI. O,Ferrall,s Successor.

The question raised by Hon. John r.
YIarris relative 10 the special election
which It Is proposed TO hold in the Sew
enfh district 20 elect "a successor TO Mr..
O'fNerraH IS a very interesting one. Judge
Harris has had. We suppose, more eX-
ucr4ence in contested-eiection cases than
any other Virginian. except perhaps Mr..
Hunton. 1t would not be right to attempt
70 whistle down the wind the opinion
OF such a man as Judge Harris, pro
Dounccd after fun investigation.
OF course we know 0ndecd we said
several weeks ago. that lnasmuch rs the
House Of Representatives. IS sole judge
Of the election Of its own members. the
seating Of anybody as the successor Of
Mr.. O'Fcrrall would be the end Of con-
troversv SO far as that particular case
was concerned. But IT would be an cx-
ceciingly bad precedent for the House OF
Representatives 20 seat person elected
in the absence Of all law providing for
such election.
The contention that the Governor can
fix Oh" time for holding a congressional
election IS based upon no law whatever.
The Federal Constitution contains pro
vision empowering the legislatures of
tho several states 20 prescribe the times
Tor holding such elections. The Virginia
Legislature has not passed any law liking
Tho times for special elections. Indeed
that body has done nothing more than
repeat I'm a state law the provisions Of
the Federal Constitution.
The omission 20 provide for special con-
gro sionaI elections seems to have grown
out of thc fact that article J.. section D. OF
tho Federal Constitution, after providing
how many representatives each State
should have m the first House. added that
when vacancies happen the executive
authority should issue wTlts OF election
~ ON such vacancies. In other words.
this addition is held 10 override pro-
vision inserted after it was inserted, en-
poWcring the state Legislature to fix the
times" for special elections Tho contrary
would seem % be the better construction
namely. that section 4. Of article /. over
rides section .. OF that artclc-that Is,
Il either over-ridcs the other.
Again. section - of the Code Of Nir-
GINA provides that elections for repre-
seutatives In Congress for fun terms
shall be held in 1855, and every two years
thereafter Then section % provides that
when vacancies occur the Governor shall
issue wriis Of election to hll them. This
language seems to be held to imply that
special elections may be ordered by the
Governor to bc held at any time. But
could he under IL FIX time for holding
nm election to fin Mr.. OFcrralls place
I'm case he should resign his seat after
the next state election takes place in Viz
ginia? What would be done In the case of
n resignation next January? Both sec
tons % and % of the Code OF Virginia
refer 10 congressional elections. What
have these elections to do with state
elections? And how can the Governor fix
upon the day of State election as the
time" for holding a congressional cleo
ton without violating that provision OF
the Federal Constitution which empow-
ers the Legislature to fix the times" OF
such elections?
In a word. the power TO iii vacancies
seems TO have been COMPOUNDED with the
power " fix the times"