Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-19
yhep there is no vacancy in the Office,


special, and perform Ike duties Of judge
Of such court in term time and in vaca-
tion--then in the other case, when there
is 6 vacancy 10 the Office, they must be
confined or restricted to what the Judge
has been designated to do, to. hold the
terms of the court simply.
Why should there be difference In
what Judge is designated do, in case
of vacancy, and in case of no vacancy?
In case of vacancy in the Office, 1t is
the duty of the Governor, ITO I'll, pro
tempore, vacancies In all Offices Of the
State" etc. Art. VI. sec. rs constitution
I402, AS much as TO declare there shall
be no vacancies in State Offices, for we,
the convention, abhor q vacancy In
State Office.
The legislature hsd this section OF the
constitution in mind when IL enacted the
Law, because In the third paragraph they
use the words ''instead Of appointing at
once successor, may designate q Judge
to hold the terms Of the court In which
such vacancy exists" etc.
The legislature knew this was the duty
of the governor, to gil the vacancy at
once, but there might be reasons why he
should not appoint q successor at once
and this law was passed to cover such q
case, of an exceptional case.
If the legislature would convene In 80
or so days time, or If term Of court
would come, before he had time to select
successor and appoint, or the like, he
was empowered to designate a judge to
| hold court. But 1t was not necessary to
| confer any more authority on such des-
iguated Judge than to hold court, as II
| was contemplated and expected the Gov
ernor would perform his duty as soon as
convenient; and, therefore, the third
paragraph of the act did not, purposely,
confer upon the said judge anything
more than 10 hold court; and did not
confer power to perform the duty or
| function of a Judge In vacation.
Some Of the duties or functions of 9
Judge In vacation are to appoint cleo
toral boards, surveyors, superintendent
| of poor, commissioners of revenue, as
SCISSORS, pension commissioners, coroners,
members Of school trustee, electera
hoard, boards of health, and to fill va
cancies In all county and district offices
supervisors, commonwealth attorneys,
treasurers and clerks; and, he, likewise
has to perform many other things relat
log to the county government
1t would have been unwise policy II
allow q man, say from Wise county, tC
make any of these appointment, for say
Londoun county. He would be g
stranger; would not know the people o.
Loudoun county, or their wishes Oh
needs; and he would not be responsible
| to them, like their own judge would be
Suppose there was vacancy In tbs
office of Judge of the Corporation CourI
of Alexandra and the governor, instead
of appointing his successor, should desig
nste the Judge of the court Of Danville
or some Judge from the Valley OF Vir
ginia to act, does any one suppose the
people would be satisfied TO have such
| Judge appoint the commissioners of reye
nue. of Alexandria, or the electoral bosrt
OF the city,
The governors duty Is to Gil vacancie
in State offices promptly. The peopl'
of the several counties ard cities Of th'
State are entitled to have their own off
cers, respectively, who they know, WHIT
are OF them, aud who, 10 their conduc
aud discharge of their duties, they holt
to strict account; and whom they fee
are responsible to them. The power o
appointment was conferred upon tn
governor to be exercised By him for tn
proper and efficient administration o
the government. 1t would be unprece
dented for the governor to neglect t
perform this duty, for say, it might be
the period Of two years, and place
stranger as Judge over the people, and
in O way, to govern them for so long
time.
II might be all right, if a judge dit
nothing else than hold court. The law
pleading evidence, practice, and tria
of causes 10 court, are the same over th'
whole state, but no man, a stranger
to the people, could perform the Other
duties or functions of judge, to thu
satisfaction and commencement Of thu
people.
Again a. the third paragraph of thu
act alone provides for the compensation
ane mileage to be paid, the judge thereo
and there relates to the other two para
graphs of the act IS well as to the third
and therefore, the last sentence OF the saic
third paragraph in the following words,
"a Judge so procured, selected or des
| ignated shall have all the powers and
be authorized to perform all the duties
of the judge of such court" Is applica'
be to all the paragraphs Of the &C
sud not alone TO third paragraph. Tn,
word procured" in the sentences 4
employed in the frat paragraph and the
word designated" Is employed in th'
second and third paragraph; but tht
word selected" appears only In thu
sentence of the third paragraph. i
the sentence quoted is applicable to al
the paragraphs of sfs act, then the con
tention that 10 order for the designated
Judge, under the third paragraph, OF
when there Ia a vacancy in the Office Of
| Judge, to perform the duty and function
of Judge of such court in vacadon, b.
must have been empowered OF sutho' 90
in express words, or as the juS' 70 !. 10 :,
the other two paragraphs - co,rec, "
A serious constitute, nal ona.,;o. ,
'nVoiVeo' articie y, sections 81 aud 9.