The times. [volume] (Richmond, Va.) 1890-1903, 1901-03-17


Editor The Times:
Sir-Section 1872 Of the Code of Virginia
provides that mo person, unless his
disa biliticS shall have been removed by
the General Assembly, shall be allowed
to hold any office of honor profit or
trust, under the Constitution of Virginia,
who, while u citizen of this State, has,
since the adoption of the present Const-
tuition, fought a duel" etc.
Section 163 provides that NO person
shall be capable of holding any office or
post mentioned in the preceding section,
who holds any office or post of profit,
trust or emolument, civil or military. leg
islative,. executive or judicial. under the
Government of the United States, or who
is in the employment of such govern
ment. or who receives from ii in any way
any emolument whatever. and the accep-
lance of any such office, post or emolll-
ment or the acceptance Of any emolll-
ment whatever under such government.
shall ipso facto, vacate amy office, or post
of profit trust or emolument under the
government of this Commonwealth. or
under any county. city or town there
Of
Section 16i qualities the foregoing sec.
tons and permits congressman to act
as justices. visitors of the University and
Y II Sliitt Institute anu " Lulu
offices in the militia. 1t further provides
ceived in war or receiving recompense by
the militia when called into actual duty
shall not debar such recipients.
Does this debar members of Congress,
United States Judges. etc. from being
members OF the Constitutional Conven-
ton?
1t is clear that it would debar them
from the offices of Governor of the State,
member of the General Assembly, Judge
of any State court etc. In the language
OF the statute, il would deb II them from
holding any office under the government
of this Commonwealth Except those
mentioned in section 164
This being true the tight Of members
Of Congress, etc, to hold the Office of del
egate to the Constitutional Convention
must be predicated upon III" pI assumption
that the Office of delegate to the Consti
tutional Convention is not Office under
the present State Constitution. 1t must
be remembered that the .'resent Const-
tuition obtains until the new Constitution
is adopted. Is the assumption that the
office Of delegate is not q constitutional
office sound law? Let us 3nalyZe and rea-
son by analogy: The Heople make the
Constitutions: the Constitution creates the
eral Assembly, etc. thus making these Of
fees constitutional and subject to the
inhibitions of the Constitution and stat
utcs. f your readers will turn to Article
u, Section , of the State Constitution
they will find that it provides for calling
a Constitutional Convention and creates
the office Of delegate to this convention.
IF constitutional provision for some of
fees makes them constitutional Offices,
does not constitutional provision for 9th
er Offices make them likewise constitu-
tional Offices? II not. why not?
We respectfully refer the prominent
constitutional lawyer, whose interview
appears in Your news columns to-day, to
the above referred-to article and section
of the Constitution. where he viii find
the office of delegate 10 the Constitutional
Convention created-hence delegated by
the peopic-honce d constitutional Office
hence subject to the limitations of the
statutes.
y. Z. THOMAS
Lynchburg, Va, March 18th, 1901.