Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-01-09
Interes cling Letter from Judge Harris.


Hon. John 7. Harris writes to the Dis
patch the following interesting communion
ton. II exhausts the subject discussed
In H. We do not see how the General
Assembly can fall 20 pass the law sug-
gested by Judge Harris However, as we
have said. he exhausts the subject dis
cussed. leaving nothing for US to add;
To the Editor OF the Dispatch:
am glad you call the attention OF the
Legislature to the fact that there is no
law now authorizing any one either to
direct or to hold an election to IN va
cancy In the House OF Representatives,
II lawyers will take the trouble to look
into the question they will find II too
plain 70 admit of doubt. The Constitu-
ton of the United States says the seve-
raj States may tx the time. place, ana
manner of holding elections for members
OF the House of Representatives, but. the
Congress may make, alter. or amend
IN m Until 1872 Congress did not inter
fere with the action OF the several States
IN this matter but in that year Congress
did fix the time for holding the general
election for members OF Congress, ana IN
the next section OF the same statute says
The legislatures of the savesal States
shall fix the time for holding elections 10
nn vacancies in the House OF Represen-
tatives caused by death. resignation, ina
billy 10 act, or otherwise. quote from
memory Most. II not all, Of the legisla-
lures OF the other states have laws pro-
viding for elections to al vacancies in the
House OF Representatives Then, why
should not Virginia?
The only authority claimed In VIZ
glna which authorizes the Governor TO
Tx the time Is nr- ."den' END his pow
or 20 issue the writ OF election. The
first is certainly a very dangerous course,
that is 10 follow a precedent which NO
lates the law and the Constitution OF
the United States. The second Is net
much IL any. better. What lawyer viii
hold that authority to issue writ ty
an executive officer is Anything more than
ministerial? lie cannot. IN his writ,
make law, and he ought not 10 violate
law His only power by his writ Is to
put the machinery of the law In notion,
so that its officers NAV execute H.
Observe that there are three re1ul-
sites by the Constitution and law Of
the United States dcvolved upon the
legislature tina, Is in case Of va
cancy TO fix the time place. and man.
ner OF filling 4. In Virginia we have
no law doing either. Now, If the Gov
ernor can fix the time he can a's) fix
the place and manner Of filling such
vacancy. We have ample laws for fill
ing all vacancies IN Sia-e. county. and
municipal offices. The Governor having
fixed the time, the officers of the several
counties. without authority or law,
adopt these regulations for carrying out
the proclamation Of the Governor 90 elect
a member Of Congress. 70 prevent any
possible trouble | would sdgges, that
n Joint resolution be passed lecalizing
the day the Governor I<ei for the
Seventh District, md then pass Z. general
law to provide for the future.
Practically II may amount 10 little
now but In a "utdre Congress IL nay
be very important. and. therefore. II is
safest TO provide for contingencies. and
always safest to obey the Corstuution
and the laws. | heP II clll the sttCn-
tion ~ IA" i"dicio~v committees Of tho
two houses To This question. and they
will find all provisions fo- Cling vatan-
cics, refer TO the officers Of our State,
county, municipal. &c, and none 10 a
vacancy in the House ~ representatives.
JOHN r. HARRIS.