Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1860-03-20
For the Spectator.
Election of Judge.

Election of Judge.
The assault made by Mr.. Fultz upon the off
cial fidelity and efficiency of Judge Thompson
has not only failed to ipjure the Judge. but ha.
recoied upon its author with such force and eff
feet that some of his friends consider him a per-
secuted mani
The records to which Mr.. Fultz himself ap
pealed in support of his charges turned out TO be
most conclusive evidence in Judge Thompson's
favor, and it now appears that in s.wakipg ur
the Sleeping Docket" Mr.. Fultz has "waked or
the wrong passenger
There is one matter connected with this
charge of delaying the business of the Courts.
which has not yet been noticed, and whc
seems to me to be worthy OF public attention as
illustrating the disposition to throw upon the
Judge the blame which properly belongs to the
lawyers and their clients.
1t must have occurred to many persons to in
quire whether the law does not furnish some
means of compelling Judge to discharge his
duties, and If so how it has happened that Mr.
Fultz has all this time submitted to the DELAYS oil
which he now complains.
In the Code of Virginia, page GIL, S g. will be
found the following provision s g. Any party
asking the Court to hear case, may, if the
Court refuse to hear it, have his application
spread upon the record, with statement of the
facts in relation thereto. A copy of such state
HleBt shall be transmitted to the General Court.
which may thereupon award a naGnddnaals to
compel hearing OF the case, or remove the
same to the General Court, or another Circuit
Court. The Clerk of the General Court shall
annually, before the Goth day of December,
transmit to the General Assembly copies of any
such statements received by him during the year
ending on the 10Th day OF that month. and also
copies of the proceedings of the General Court
during the said year, on the same or any former
statements, tor which copies the Clerk shall be
paid out OF the treasury"
Since the new Constitution the Court of APP
peals is substituted for the General Court.
Here then we have the means of speeding
causes and at the same time OF bringing the mis-
conduct of the Judge to the attention of the Gen
eral Assembly whose duty it is in proper case
to remove him from office
Now ] presume Mr.. Fultz has hardly underta-
ken to complain of delays in the business of 9TH
er lawyers; it would hardly do for him to act
the champion for those who admit no grievance.
If in his own business be has known Judge
Thompson to delay cases improperly or to refuse
to hear them without just cause, how will be
explaiR to his clients and to the public the fact
that having always had in his power so complete
and efficient remedy he has wholly failed and
neglected to make use of it in vindication of
rights committed to his care and which he was
sworn to protect and defend.
Why does he call upon the people to remedy
what has all along been within his own power?
With what face can he call upon Hercules when
he has refused TO put his own shoulder to the
wheel? Is he prepared to admit that the desire
to get Judge Thompson's office, is stronger mo-
tive with him than his sworn duty to his clients {?
r. L. J.