Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1907-03-19
An Important Public Question.

designated BY the governor to hold the
courts of the Sixteenth circuit had any
power to perform the duties and func-
lions of a Judge In vacation. The fol-
lowing article gives the views OF soma OF
the lawyers on the question:
The question may be asked whether
the governor has power, when there IL
a vacancy 10 the Office of 8 judge OF
Circuit Court, to designate another Cir
cult Judge or q Judge of city of the
first class, to hold the courts and also
perform all the duties or functions, re-
duired of Judge of such court in va
cation.
The answer depends upon the true
construction of the third paragraph OF
an act approved March Is, 1904, Acts
of Assembly 1904, pages SS4 and SS5,
which provides, If vacancy shall occur
in the Office of q Judge Of Circuit or
City Court, the governor, who, instead
Of appointing at once successor, may
designate a Judge of another Circuit or
City Court to hold the terms of the
court in which such vacancy exists, and
until the same shall be filled In The mode
prescribed by law, and the last sentence
OF the paragraph Is "a Judge so pro-
cured, selected or designated shall have
all the powers and be authorized to per-
form all the duties of judge of such
court"
Thi. paragraph does not, In express
words, embrace the duty or function OF 3
Judge, In vacation, and 1t refers or re-
lates to a court which hiss no judge, or
where there is q vacancy in the Office OF
Judge.
The Judge 80 designated can certainly
hold the terms Of court Ia which the
vacancy exists; but can he perform the
dnty or function of q Judge In vacation,
II so, then tho authority Is conferred by
the words, "shall have all the powers
and be authorized to perform all the
duties OF Judge OF such court"
Let us look at the language OF the
other two paragraphs OF the act
The first paragraph of the set provides
| if q Judge of Circuit Court or City
Court be absent or be unable or fail 10
attend any regular or special term In
whole or part, or If owing to absence or
sickness he be unable or fall to perform
or discharge, during the vacation OF such
court, any Official duty or function, au-
thorized or required by Law, he, the
Judge, ma, procure another Judge to hold
the court or discharge during vacation
snch duty or function.
This paragraph, in express words, not
J only embraces holding thec court but also
discbarging during vacation, the duty or
function Of a Judge.
II refers or relates to q court which
has q Judge or when there is no vacancy
| In the Office of Judge thereof.
The Judge OF the court procures
another Judge to ait and act for him.
The second paragraph Of the act pro-
yides if q Judge of Circuit Court or
city court for any cause ought not to
preside at any trial, civil or criminal,
pending 10 court, or by reason OF sick
ness or other physical disability be un-
able to attend to any duty as Judge, the
governor shall designate some other
Judge TO hold the terms of court and
otherwise to act and perform the duties
of Judge OF such courts In term time or
| 10 vacation, and he "shall have the pow
ers aud perform all the duties of Judge
of such court or courts"
This paragraph, likewise, in express
words, not only embraces holding the
terms of court but diSchargiug 10 vaca-
ton the duty or function OF q judge OF
such court.
1t refers or relates to court which
has Judge or when there Is no vacancy
In the Office of Judge thereof.
Why did the legislature in these two
instances, when there Is no vacancy In
the Office of Judge, In express words
embrace not only holding terms of court
bnt also the duty or function of a Judge
| in vacation; and, In the other instance,
when there is O vacancy in the Office OF
Judge, not in express words embrace the
duty or function of q Judge In vacation,
| il It intended to confer the authority
upon the Judge so designated in the last
instance or when there Is vacancy In
the Office OF judgeP
It will not do to contend that 1t was
not necessary to say "the duty or func-
ton Of Judge In vacation" In the last
paragraph OF the act, because the last
sentence thereof says, 8 Judge so desig.
mated shall have all the powers and be
authorized to perform all the duties Of
Judge Of such court, for the same lsn-
gusge Is substantially used in the second
paragraph and, in addition thereto, the
words 20 perform the duty or junction OF
q Judge 10 vacation.
"If 1t was necessary to employ the
words, 10 vacation or during vacation"
to confer authority to discharge the duty
or function Of a Judge in vacation when
there IL no vacancy In the Office Of Judge,
then 1t VAS also necessary to use them
when there Is vacancy In the Office OF
Judge.
To what do the words in the third or
last paragraph of the act, "shall have
all the powers and be authorized to per-
form all the duties Of q Judge of said
court" refer to, or what Is their mean
ing as 90 used? They must refer to or
mean what the same words refer to or
mean In the second paragraph.
What 10 8 Judge designated By the
governor, In case of q vacancy in the
Office, to do? ITO bold the terms Of the
court in which said a vscsncy exists, "un-
| Ill the same shall have been filed In the