The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-03-07

should 70 through this lis. "
The second charge Is THAI nc n"s aumln-
istered his office in the interest OF party
and devoted himself and the power OF his
Office TO the advancement OF party en9s'
Upon this charge the evidence Is yolumi-
nous and conflicting. We DO nor thlnk 1t
sufficiently sustained to be TIE OASIS for
action by this house Mt the same Time we
cannot fairly stop with this expression.
The evidence in this case does not touch
Judge Sbumate,s private character, unless
a violation Of the law, to which we shall
presently advert. may be said to DO so. lie
l. spoken Of ne honest. industrious, thrifty,
and fair in his private dealings. No man
assails him on these points, and we are glad
m add This "a some soIace to what must
otherwise, be painful and distressing TO
him. .,
But there is very strong evidence that
while on the bench he has Deen an ac'lVe
politician and partisan. lie mas aulourned
his court to attend political meetlngs has
been active in what are known as coalition
conventions: he has been member OF
marty executive committees; he has, while
on the bench. been candidate Tor the
Legislature. and has actively worked at the
nolis on election-days. More than this, he
has been guilty of violation OF tue Jaw
for the advancement OF parry ehds' as WIN
presently be shown, and II Is PLAINLY III
evidence that after decision III court ia
favor OF certain parties, upon their eN"
pressing their thanks he rephed that u NC
should be a candidate he wanted them TO
remember him. Nv. II. Garrison, p. 81;
J. A. German, p. 30
There are other partisan remarks ana
acts OF Judge Shumate TO which we might
refer. brt these will suffice. III this was an
original question we would incline TO tue
oninion that it is enough to render any
man an improper person to occupy ludi-
cial position; but unhapplly numerous
prccedents and examples lower the stand
ard bv which we must Judge the acts Oh
men in judicial position. When men OF
both parties have OF late so entirely disre-
rarded the office of judge as disqualiflca-
ton to candidacy for political positions,
or for engaging in the active strife OF p0-
litical canyaSses, we cannot now sustain
This charge as sufficient to justify the re-
moval OF this Judge.
We cannot punish offences OF this SORT
already committed, but this House h1S the
mower TO prevent lis recurrence by pro,
yiding that the acceptance OF political
positions OF any kind by judge shall al
once yacate the Judicial office.
The remaining charge to be considered
is that he was guilty OF wilful and partl'
san violation of the laws OF the Common'
wealth.
This charge is divided into two specl
ficatiOns. 49,.
First. That in the Massey-Wise canvass
in the fall OF 1882 he conspired with one
BENJAMIN George, who had been appointed
by the Auditor collector Of Delinquent
taxes. to defraud the electors OF the county
at the election OF November I, 1882, by re-
ceiving from Mr.. George number OF TAX
receipts in which the name OF the tax
paver was left blank, and the date als(
blank. and which he distributed to partl
sans at various precincts in the county &c
enable them to vote without having palC
the capitation-taX. which was then pre-
reouisite for the exercise OF the right o.
suffrage.
The evidence upon this point is contain
ed in Judge Shumate's own deposition
giyen in the Massey-Wise cOntested-elec
tion case. and which is filed before TIL!
committee, and herewith returned on page
II of the printed record, and also In TN
answer OF III. c. Shepherd to question
asked him, and printed oil page 81.
II is proved that Judge Shumate was th'
agent Of BENJAMIN George; that he re
ceiyed from him about forty or fifty blanF
tax-receipts "for use in one end OF tho
county," that he distributed these tax
receipts among his party friends, giving
some to negro school-teacher, but glVlns
none to any but his own party friends
and an answer not given in the deposition
but proved by ii. g. shepherd to have beer
made by Judge Shumate TO one OF TIT
questions asked him, makes the Judge sa!
that =. he hardly" thought he would have
given one OF these receipts to any one wht
would have voted for the candidate OF tn
opposite political party. 1t is further il
nroof that some OF the receipts were re
turned and some paid for, but that eyentu
ally the Auditor got the money Tor the tax
receipts used out Of fund furnished by
draft on his party headquarters at Rlch
mOnd.
The statute only imposes 4 penalty Of
the clerk or other officer who issues
blank receipt for taxes, and as the viola
ton of the law is only misdemeanor
Judge Shumate could not have been In
dicted as an accessory with Benjamin
George.
But whether punishable or not, thi
Judge was clearly guilty OF aiding mani
fesl, wiliul, and partisan violation OF th
law; and the spectacle was presented OF
grand Jury assembled before whom 1t wa
expected that an indictment against Benla
min George would have been laid, and IN
iudce on the bench, who was to charge tn
grand Jury and preside at the trial OF In
| Indictment, was equally rs morally guilt
| OF the known violation OF the statute as th
man who was eXpected.tO stand IN the doc
OF his court.
The second specification OF this charge
| /. C., that on this occasion he packed Tn
grand Jury to protect himself and other
| from punisbment-we do not think sun
GENTLY sustained.
We have prepared and herewith subm
the formulated charges and resolution
which. we think, should be adopted, so Z
to comply with the requirements OF Ii
| Constitution.
Respectfully reported.
II. r. BARTON, Chairman, &c.
Mr.. Powell (CoalitionisD spoke twent
minutes against this mode Of procedure.
Dir. Heaton supported the report OF u
committee.
The resolution OF the House to rcmOy
Judge Shumate from office was agreed |,
in accordance with section %, Article vi
OF the Constitution
AYRs.-Messrs. Atkinson. Berry, Calaha
DIggs, Edmnnds, Flanary, Fletcher, Glasgo
Healon, Hurt. Keezell, Lovensteln, LyDrs0k, NJ
Cormick, Meredith. Newberry, Petit, Thurpa
Trout, Warwick, Wickham. and Wingheld-22
NoEs.-Messrs. Bdrhdm. Bliss, Crumpt
nc Donald, Norton, POioeH, Rogers, al
T0loRes-S.
CoalitiOnistS In italics.
Nor VOTING.-Mr Gaines. Mr.. Twyman ~
Mr.. Christian were present but paired With abse
Coalitionists.
BILLS INTRODUCED.
D.. L.. OH "a ninfhoriLn m