Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-08-13
QUERIES & ANSWERS.
The STATE SENATORIAL VACANCY
IN THE SIXTH DISTRICT.
County Subscription TO Stock OF . Rail-
road Company-virsinia Road Laws
Thomas Rischie, Etc.
NrrrLy RIDGE, VA.


I write you in regard to the senatorial
election this fall. Judge Hacker, the
senator from the district composed OF
FLOYD, Carroll, and Grayson, has died. and
there is q vacancy in that district for he
unerpired term of his senatorship. The
State was lately reapportioned. and this
county, Patrick. Carroll. and Grayson now
compose ono senatorial district and we
are entitled to o senator. as this district
was formerly Patrick and Henry. and MIR.
Peters's time az senator has expired and
Petrick has been attached to Carroll and
Grayson counties.
Some claim that Patrick has no voice in
this senatorial contest: tina. Carroll and
Grayson elect a senator, and that the
voters of Patrick cannot vote In the sena-
torial election this fall. Is this correct?
| claim that Carroll and Floyd and Gray
son should elect q senator for the unex-
pired term of Judge Hacker and that
Patrick, Carroll. and Grayson should elect
a senator for the full or first term OF this
district.
Should Patrick not vote for a senator
at the regular election and have no repre-
sentation in the next Senate of Virginia,
would the laws passed by the Senate with
one county not represented be constitu-
tional? Might there not be question OF
the constitutionality of the Gets passed
with one county not represented, from the
fact that she had no representative in the
Senate and did not vote for any senator
by reason OK being attached TO another
district in O new apportionment act, &C.,
&C.? =.
/ would like for you to answer another
question. if not asking too much of you.
The Legislature passed an act some time
back authorizing the county OF Patrick
to vote on subscription for the
purpose of taxing the people to ouiid
railroad IN our county. They voted the
subscription by barely the majority that
was required, and the vote IN part no
doubt was fraudulent at some precincts
for the subscription for the railroad. The
Constitution of Virginia prohibits the Lee
eislature from subscribing 70 any internal
improvements Can they delegate TO the
people a right that they do not have them
selyesI Could not the people OF Patrick
get this burden of taxation of their pro-
perty if they carried the question up TO
the courts and have the cpnstltutlonallty
tain the action Of the General Assembly IN
passing such an act, &c. L. U. L.
The Code Of Virginia. 1887, section 80,
provides that 1.-THE counties of Carroll,
Grayson, and Floyd shall form the Sixth
District and be entitled to one senator"
This section was amended December %.
1891 acts 1922. page So. 1t was then
provided that Carroll, Grayson, and Pa
trick shall form the Sixth District.
Section 60 OF the Code of 1887 was also
amended of the same time and it was pro-
vided that those senators TO be elected in
districts" bearing odd numbers shall
be elected on Tuesday succeeding the
first Monday in November, 1923. and
thereafter on Tuesday succeeding the
first Monday IN November in every fourth
wear. and those to be elected IN districts
bearing even numbers shall be elected on
the Tuesday succeeding the first Monday
in November, 1895, and thereafter on Tues
day succeeding the first Monday in No
vember every fourth year. But the dis
iriciS bearing eUen numbers, as they haze here
'ofore bean arranged, shall not be considered as
affected 6y this act until said election herein pro-
U.ded for 10 be held on Tuesday succeeding he
first Monday in November, 1895.
The vacancy exists IN the "Old Sixth"
and must be filled by the counties of Car
roll. Grayson. and Floyd.
Had Judge Hacker lived this is the dis
trict he would have represented IN the
next Senate. 1t being in terms provided
that "he districts bearing eren numbers as
they hare heretofore been arranged sadH net be
considered as affected by this dc'.
No constitutional question is raised IN
der the above amendments.
In answer to the second question: I'm
der the general principle that in o State
all powers not specifically prohibited }
the Legislature by the Constitution are
granted to the Legislature, the constitu-
tional provision that the State of Virginia
shall not be subscriber to the stock OF
any company, association, or corporation
does not prohibit the Legislature from
authorizing county to subscribe to the
stock Of a railroad company and issue
bonds in payment of such subscription,
and this may be authorized to be done
with or without the sanction of q popular
vote" See the case of the Board OF Super
visors Of Cumberland County rs. Ran
dolph. in Virginia Lar Journal, Volume
XVII, No. 6. page %, decided by our Su-
preme Court of Appeals February 2, 1898,
o+ Richmond