The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-01-06


Thereupon Retires from the Bench Pend
ing Same -Prelinsinnries Arranged 50 that
Argument Will be Commenced To-Day
Office-Seekers Around-Personal.
At l2 o'clock NJ. yesterday the door OF
the conferencc-room Of the Supreme Court
Of Appeals opened and the i've new judges
came out and entered upon the bench In
the following order: Judge Lewis In the
presidents chair, Judge Lacy TO the right OF
him, Judge Fauntleroy to the left OF him,
Judge Richardson to the right OF Judge
Lacy. Judge Hinton to the left OF Judge
Fauntleroy. This was the exact order rs
representing the five grand divisions OF
the State in which the old judges were
seated, and the exact order in which the
new court was elected-yiz.f Lewis 10 sue
ceed Moncure, Lacy 10 succeed Christian,
Fauntleroy to succeed Anderson, Richard
sou to succeed Staples, Hinton TO succeed
Burks. The court was formally opened
by the clier, Mr.. Nicholas, and then Mr..
Lewis, and after him each other Judge
handed to the clerk HIS commission and
certificate OF qualification, with the desire
JUDGE LEWIS PRESIDENT.
Judge Lacy then took the vote for presi-
dent OF the court. Judge Lewis voted for
Judge Lacy; all the others voted for Judge
Lewis. Judge Lacy announced that the
vote was four 10 one, and without further
ado Judge Lewis assumed the duties OF the
presidency.
NOTICE OF CONTEST.
Colonel Guy (who appeared with w. W.
Henry. Esq..) stated that az counsel for the
Hon. Edward c. Burks he wished to enter
objection to the spreading on record OF the
qualification OF Judge Hinton.
Mr.. Henry then read the following pa
per:
"On the conyening of the court on this
day the Hon. Edward G.. Burks brought to
the knowledge OF the court, officially, the
fact that the seat on the bench OF this court
heretofore occupied by him under his elcc-
ton, commission, and qualification, which
said commission and qualification are Of
record in this court, is now claimed by
the Hon. Drury 4. Hinton, and that this
claim OF the Hon. Dr1Iry A. Hinton
raises Il question which should be
in some way determined, and which
the said Edward c. Burks desires
shall be speedily disposed Of. The Court
thereupon, recognizing the importance OF
the question involved, and forbearing TO
make any order affecting the merits OF the
matter or In any way preludicing the rights
OF either OF said parties, doth order that
each OF the said parties have liberty TO ap-
pear before the court on the - and
state and assert his claim and contest the
1t. - h.. zft. md
then take order to have the question be-
tween said parties properly disposed OF.
And the Court also directs that the clerk
cause q copy OF this order to he served on
each OF said pTties.'
JUDGE HINTON RETlREs.
Judge Hinton said (whie his counsel
" engaged in reading the paper In
asl .lch rs n question with reference 10
his seat had been raised that he would
retire pending the consideration OF the
case. He then left the bench and the room.
Acknowledgement Blair, after examining
the paper, said that a. counsel for Judge
Hinton tlr,y did not recognize any contest
here. The paper, which they now saw for
the first time, afforded no ground for OBJ
tanning the judgment OF this Court, and II
Judge Hinton's right to this place is TO be
disputed, Judge Burks should proceed to
raise the question in the same manner that
any other citizen would.
Judge Budd (who, with Mr.. Blair and
Mr.. Bernard. represented Judge Hinton)
followed, maintaining that certainly Judge
Hinton has primd fdcie right TO this
Office. and the act OF the clerk In spreading
the qualification OF record is a mere minis
terial act, and can have no effect upon the
title OF The office.
COLONEL GUY TO MR. BLAIR.
Colonel Guy, replying to the Attorney
General, said that the two parties who are
asserting their claims TO this Office are as
serting them not for their private interests,
he trusted. lie then went on and showed
the magnitude OF the question; showed
that il was matter Of which all the world
had knowledge, and that Judge Hinton,
who came here under the election OF the
Legislature, and with the commission OF
the Governor. and that Judge Burks,
whose commission and qualification are Of
record here. and who holds for twelve
wears under the decisions OF this court-siX
wears only Of which he has seryed-both
have colorable titles. Colonel Guy, after
disposng Of the AttOrney-Generaps state
ment that they didn't recognize any con-
test, went on TO say that in the presentation
OF the order 10 the court their chief desire
was TO bring TO the knowledge OF the court
that there was TO be controversy. They
lett II to the court 10 8lter or amend the
order as they might see ft. They conceded
that Judge Hinton had acolorable title, and
they bad expected that the other side would
concede Us much to them.
TIE COURT READS THE PAPER.
Judge Lewis asked Colonel Guy to hand
ihe paper 10 the Court, and Colonel Guy
did so; then took his seat.
The Judges examined the order, after
which Colonel Guy arose to continue, but
Judge Lewis said the Court did not desire
10 hear him further: but would hear Mr.
Bernard (of Judge Hinton's counseD If he
desired TO speak.
Mr.. Bernard then went on TO speak
rather to the merits OF the case, and to
show that the question TO be decided Is
between the Legislature on one hand and
decision OF this court In case where
only three judges sat. AS for Judge Hin
ton, all that he asked was that Judge
Burks should present his application IN
such form that II could be heard.
FILL UP THE BLANKS.
Judge Lewis, speaking for the court,
said that the court must take notice that
one Of the seats Is contested. They would
adopt the order, only striking out the pro-
vision as to giving notice to bdsh parties,
for which they saw no necessity, as they
were both here In court.
As the court had resolved TO do no other
business until this matter was disposed OF
they wished argument to commence as soon