Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-09-16

actions Of the peoples representatives,
sssailed from the bench that 1t u nara
to know exactly how to consider It, Tor
to avoid bringing the name Of Judge
into connection with politics IS very |
desirable, even when that judge has
himself grievously provoked it.
In this case this opinion standing as
two out Of free does certainly approve
of the misdoings Of Mr.. Blair, although
that question was not before the court
for decision.
This judge pronounces sentence upon
the Legislature and its committee by
speaking of their inticting an igno-
minous and baneful punishment;
starving out the incumbent" ";
"stop the wheels Of government at the
bidding Of passion, prejudice, and par
tyn; "the language Of the act,
which, being punitive and gnominlous,"
and other like expressions, some OF
which are quotations, but all are art
fully applied with an obvious intention.
This, too, is all said Of an act passed to
prevent the public money from being
unlawfully applied to private purposes.
With entire irrelevancy, also, the
opinion calls attention to the fact that
the act "to provide for securing to the
State money due to it by any of its OF.
fcers " was taken up out of its order
and passed, land next, and immedi-
ately thereafter, the correlative act
No. 147. House engrossed bill to pro-
vide for filling a racancy intheo8ice Of
Attorney General was taken
up out Of ITS order on the calendar and
passed."
Thus the "starving out" suggestion
is sought to be proved, whereas the
whole idea is but the jaundiced view of
q violent and suspicious imagination.
The act mo. 147" was merely
passed because the members of the
General Assembly were informed. upon
what was deemed reliable authority,
that it was the purpose Of the Attor-
ney-General Immediately upon the adj
iournment of the General Assembly to
resign his Office, to receive an appoint
III, mt from the Governor to fill the un-
expired term, and by thus drawing
salary for an entirely new term of SER
vice, to defeat the whole purpose OF the
law enacted to recover the money
which we regarded him as unlawfully
Withholding.
The act No. l47,n by providing for
vacancy in the office Of Attorney
General being filled by the Board of
Public Works instead of the Governor,
was meant to prevent Mr.. Blair'S re-
appointment should he resign.
The law Of self-defence, and the pub
lie and political interests which Justify
this narrative where a judge is con-
cerned. finds even greater justification
in a brief reference to the style of this
Judge as thereby showing his capacity
for the calm and deliberate treat
ment Of any questions. But short
time before he joined the Republican
party he offered resolution in a pub
lie meeting in which he characterized
their action in the Hayes fraud as "the
perfidy and prostitution Of the patented
partiSans who dominated the action Of
the electoral commission in the interest
of a nefarious conspiracy to defeat the
choice Of the vast majority of the peo-
pie, and to foist upon the country by
usurpation and fraud the candidates
and the creatures Of party Of per-
jured, plundering spies and kRaces."
| was also member of the committee
the majority Of which reported this re-
solution, drawn by Judge Fauntleroy
but although then and still Democrat,
| reported, spoke, and voted against
the resolution.
Later and but short time before he
was made q Judge he wrote of the SUI
preme Court of the United States as
"a packed and polluted Federal Judi
ciary."
This at least ustifies the Legislature,
or any member of it, in refuting the vlo-
lent attack made from the bench upon
its action and motives. If a judge COM
plains that his position ties his hands
from dcteace, he should at least see to
it that his tongue is tied from offence.
But few words more of that portion
of the opinion that unqualifedly APP
proves of Mr.. Blair's misuse and mis-
appropriation Of the public funds.
There was embarrassing minority
report, signed by the Republican men,
Der of the committee Of investigation.
When it was read on the floor Of the
House its printing was objected to on
the ground that it was not written by
the member who signed it, and was not
in any sense his report. Thereupon
that member frankly admitted that he
had not written it. and although there
was no positive proof, yet it was very
generally believed that it was written
by Mr.. Blair himself or under his i'm
mediate supervision.
That the source of the Judges inspi-
ration may be understood | desire to
quote in parallel columns from his rem
dicating opinion and from the language
Of the minority report
TIE MfNoRlrY RE- JUDGE FAUNrLE-
PORT EOT's OPINION.
There can be 10 II is, we think.