The times. [volume] (Richmond, Va.) 1890-1903, 1898-01-06
STATE INFRINGEMENT.
THE ASSEMBLY SHOULD FIRST PUT
ITSELF "RBCTUS IN CURIA."
A Number OF tho Members Hold other
snd Important Omces Under the State
Goverpment--Othcr Suggestions.
Editor OF The Times:

| upon our General Assembly. watching
with interest its endeavors for reform.
1t is easy to give advice and find fault.
but we hope We will be excused this time
for intruding ourselves upon the law
makers and public. II seems to a citi-
zen from way back" that the General
Assembly should first put itself "rectus I'm
curia," and then IT might be able to do
more and better merit the commenda-
lions OF the people for its efforts. even
IL OF no avail. IL We are correctly in
formed there are quite number of our
representatives and senator's, who con-
currently with their commissions as legs-
lators. hold other and important offices
formed that there are many Common
wealth's attorneys OF counties and cities
In the Senate and House; some commits
sioners OF revenue. a mayor or so, and II
may be others OF which We have no
knowledge. Our State Constitution in
Article s. Section = says: NO person
holding a salaried office under the State
government shall be capable of being
elected a member of either house of the
General Assembly" We believe that the
General Assembly has heretofore and
does now construe this section OF the
Constitution TO mean. that the office must
be one of the general state offices. such
for instance. as State Treasurer. Auditor
etc. and does not refer to county and
city offices. But the Constitution further
says In Article s, Section 90 after de-
timing Commemorative Attorneys Of
cities as city officers, as follows: And no
city officers shall hold a seat in this Cen
eral Assembly" The reasons for these
constitutional provisions are too evident
to need discussion. But further. our Su-
preme Court of Appeals, when IL was as
able a court as ever served the state, has
decided as follows: and there
can be no question, but that, first. the
office of sheriff is a post OF profit, trust.
and emolument under the government OF
this Commonwealth"
OFFICES INCOMPATIBLE.
Now. II a sheriff is an officer under the
state government, why is not Com
monwealth's attorney. a mayor. or a
commissioner of the revenue, all Of
which are created and made by the Con-
sttution and organic law of the State?
If these are not officers under the State
government. under what government are
they, and whence do they get their ORR
gin? The Supreme Court has settled this
question. II is useless TO cite statutes
they cannot control the Constitution.
But we may inquire further. and even
If the Constitution and statutes were
silent upon the competency of a legisla-
tor 10 hold both offices. we may conf
IDENTIFY appeal TO reason and say that the
ON nd NJ
common law could not be held together
az the same time by one person. Hence
unless there is some constitutional or
statute law making them compatible. the
acceptance Of the one vacates ipso facto,
the other. II this alternative be true
what is the matter with the Judges OF
the counties and the cities. that they do
not declare the offices under their juris-
dlction vacant and supply the vacancy?
This would be their duty.
Thus we have the spectacle OF those
whose duty IL is 10 execute and enforce
the laws. at the same time making the
laws. We venture 10 say that there is
no such anomaly I'm the United States.
and yet We wonder why there can be no
reform and retrenchment. We have now
a great stir and effort 20 reduce the Grim
inal expenses. the investigation of judges.
tees doing the investigating are Common
wealth's attorneys and mayors. both Of
whom are themselves far more largely
responsible under the law for the size Of
the criminal expenses than the judges.
Forbid that we should reflect upon any
one. we have no such intention, nor can
we lay our finger upon single charge
against any one. We only know that no
man can be his own Judge and faithfully
execute the law, neither can any man
serve TO masters IL Is our purpose only
10 show that we have not constitution
al General Assembly. nor one consistent
with reason and sound common sense. III
we are wrong in our view or the law.
then the quickest route 10 retrenchment
Is TO first separate the legislative from
the executive. No one IS more responsible
for criminal expenses than mayors and
Commonwealth attorneys; the mayors 70
refuse frivolous warrants and make frivo-
ious prosecutors pay the costs. etc. and
the Commemorative Attorneys TO regu-
late trials and shorten them, limit the
number OF witnesses and advise the
magistrates and mayors Of the laws de-
signed to protect the Commonwealth.
A REMARKABLE REMEDY.
The Judge knows. and should know.
nothing OF the cases until they come up
FOR trial. when the great expense will al
ready have been incurred, and they must
OF necessity, TO very large extent, eN-
cept in fragrant cases, rely upon the
mayors. magistrates and Commonwealth
attorneys. And yet. perhaps, the judges
are being investigated by the mayors and
attorneys. II some Jealous reformer and
retrencher so desires he can save the
Commonwealth many thousand dollars
at one stroke by taking a decided stand
against this state or things, and II neces-
sary. enjoin the Auditor from allowing
and the Treasurer from paying the per
diem and mileage OF those not entitled 10
a seat I'm the Assembly. and who. under
the Constitution. are not competent 10 be
there. They would hardy stay without
their pay. What confusion in our laws
might arise if. perchance. the votes Of
some OF these visiting members should be
necessary TO pass an important law.
Now, as to the actual effort 20 re-
trench. II seems that a certain joint conf
mittee has been investigating certain coun-
ties as 10 their criminal expenses. and
thus FAR has reported fragrant abuse OF
the law on the part Of judges magis-
trates. constables. tailers. etc. And what
IS the remedy proposed? We would not
believe II II we had not seen II In the
report May II be that there are a few
mayors and Commonwealth's attorneys
(who are paid salaries) on this commit
tee. This most remarkable remedy IS
proposed-e. e.. 10 change the general