Vaughan v. Johnson

Citations

• 77 Va. 300
• 1883 Va. LEXIS 58

Syllabus

<p>1. Constitution&emdash; Vacancies.&emdash;The general assembly is authorized by the constitution of this state to declare the cases in which any office shall be deemed vacant, and the mode of filling vacancies in office in cases not therein specially provided for. The constitution does not declare the causes for which the office of mayor shall be declared vacant, nor the mode of filling the vacancy, nor his term of office. Const., article 5, section 22.</p> <p>2. Legislature&emdash; Vacancies.&emdash;The general assembly has declared that the failure of any county, corporation or district officer to qualify before the commencement of his term of office, shall create a vacancy in his office. Code 1873, ch. 6, sec. 22; Acts 1874-5, ch- T53> sec• 9>' Charter of Peters-burg, ch. 1, sec. 6; Acts 1874-5, approved March nth, 1875. It has also provided, that when the office of mayor becomes vacant, the common council shall elect a qualified person to fill the vacancy. ***•*■*■ Charter of Petersburg, ch. 2, sec. 5.</p> <p>Case at Bar.&emdash;A was elected mayor of P. for a term ending 1st July, 1882, but because his successor failed to qualify before that day, held over-On February 1st, 1883, J. was elected by the common council to fill the vacancy occasioned by said failure to qualify, and qualified and entered upon the duties of the office. A., however, refused to recognize J. as mayor. To test the question, J. arrested V. and A. arrested M. BothV. and M. applied to this court for writs oí habeas corpus.</p> <p>Held:</p> <p>1. A. was entitled to hold and discharge the duties of mayor until the common council elected J., and the latter qualified, when A.’s authority as mayor ceased and J.’s began.</p> <p>2. V. must be discharged from custody.</p> <p>3. M. must be remanded to custody.</p>