Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-10-05

5000, as at present. All TINS was uohe
upon the ground OF increased Work Oh
the County Judge, by reason OF the de-
cision Of the Court of Appeals in REFER
ence to the right of trial by jury Dy
which all criminal Jurisdiction was taken
away from justices Of the peace, ana an
misdemeanors thrown into the county
courts for trial Since then the consul
tuition has been amended, and under t,e
Parker bill" / believe it's commonly
called. the powers of justices have Deen
greatly enlarged. and very much OF the
work taken out Of the county courts. l.
would like 10 know of your Ware Neck
scribe if increased work is a good reason
for increasing salaries, whether or not de-
creased work is not sufficient reason loi
reducing the same?
| am fully persuaded that large ma
iority of the tax-ridden citizens of Glou-
cester so think. / can inform your cor
respondent, also, that If he had taken the
trouble TO enquire. he would have tOund
out that since the election last May IL
has been "A foregone conclusion that inc
salary of the County Judge, no matter
who might be the man, would be reduced
to the minimum for the ensuing term,
and all other county expenses Topped ana
the taxpayers of Gloucester relieved OF
their burdens to the fullest extent of the
ability of the Board of Supervisors. AS
to talk uncomplimentary of the motive
which actuated at least one OF the su-
pervisors," of which this scribe mas
heard SO much. / deem il unnecessary ior
me TO say more than that ii will be time
enough to notice it when he has the
manliness to name the supervisor 10
whom he refers. and specifies the motive
by which he was actuated.
In your editorial of the 18th September,
cases the Governors have made pro tenn
more appointments. l have heard 1t as
serted time and again, by lawyers ana
Others. that no Governor, except our
present one, ever made pro tempore ap-
pcintments to fill vacancies in the once
of county Judge. Is this or not a fact'
l only know that 1t was never done in
Gloucester before. You say it has usual
ly been contended that the right OF "ap-
pointment" Is a constitutional right, which
the Legislature cannot divest the EXecu-
tive Of. sc. Article w., section ., OF the
Constitution Of Virginia, among other
things. provides that the Governor shall
have power as follows: "And during the
recess of the General Assembly 10 FILL
nro tempore all vacancies in those OIn-
| ces for which the Constitution ana laws
make no provision" What do the words,
"and laws make no provision" mean?
What laws" are referred to- Can they
mean any other than the laws passed by
the General Assembly? II this provision
of the Constitution does not authorize
the Legislature to provide for the ming
Of vacancies otherwise than by appoint
ment by the Governor, ty what authority
did the Auditor, Treasurer, and Second
Auditor appoint the present Attorney
General? why did the Governor allow
them to infringe upon his constitutional
rights?
II the Legislature did not intend 10
provide for the filling OF vacancies in the
offices Of county and corporation Judges,
why did they embody In the CODE 81
| 1887 this part Of section @is: WI men
| vacancy. by reason OF death or reslshd-
tior exists I'm the office of judge Of a
| county or corporation court. the clerk OF
| such court shall certify the fact TO the
! Governor of the state, who is hereby au-
| thorized TO designate judge OF any other
| county court 10 hold the regular terms OF
/ the county court I'm which such vacancy
| exists. and to designate judge of any
! other CORPORATION court to hold the resu'
| lar terms OF the corporation court III
which such vacancy exists, until the va
| cancv be filed and for any service pro-
vlSed for i'm this section said judge shall
receive the mileage prescribed by law ana
| s. per day for the time he Is actually en-
| gagged in holding court. to be PAID out Oh
! the treasury of the county or corporation
| In which said court is held; provided,
| however that this section shall not APP
| nIv TO the Hastings Court or 90 the
| Chancery Court of the city of Richmond
! What was the necessity of encumbering
/ the Code with all this part of section SOis
| II II means nothing? What was the use
or sense Of saying anything about va
| cancies by reason of death or reslgna-
| ton" IL It did not mean 10 provide Ior
/ the filling of the vacancy otherwise th~n
! bv the appointment OF the Governor
| For one / would be very glad. 10 nave
| from Won a fun discussion of this whole
subject and a clear explanation Of the
meaning Of the Law quoted above and
am unite sure very many citizens OF
! Gloucester at least are as much interested
| i'm il as [ am. Very respectfully,
CHARLES CATLETT,
! Member of the Board Of Supervisors OF
| Gloucester.
we do not see that Mr. Catlett, In
his somewhat lengthy card, has dis
proved any of the facts set forth by
mir Ware Neck correspondent 1t re-
mains an undisputed fact that the Board
of Supervisors DID NOT pay the judges
| salary, for the reason that they ques-
toned the Governors right 10 make the
appointment Mr.. Catlett argues this at
length, and confirms the statement or
our CORRESPONDENT. We think he mis-
CONSTITUTES the object Of the special law
with respect to filing judicial vacancies
That law was passed to give an addi-
tional mower 10 the Governor-viz., TO
designate" a Judge to hold court where
the vacancy occurs. so that delar's In
the administration Of justice may be
avoided. while the Executive takes his
time to inform himself, so as to MI the
vacancy, intelligently.
The question asked by Mr.. Catlett as
TO what previous governors have done
in cases Of this character we pass by
until we can make further examina-
ton OF the record. We, however, feel
sure that Governor Mckinney exercised
this right, especially in the case OF the
Hon. W. W. Moffett. Of Salem, who was
commissioned" Judge OF Roanoke. vice
Judge Griffin. resigned, January l'' lSsS.-
| The Editor OF the Dispatch.
Chairman EIIyson's Popularity.
(Norfolk Landmark
Hon. j. Taylor Ellyson Is more popu-