The times. [volume] (Richmond, Va.) 1890-1903, 1892-04-09


etth The contents of the Governors letter.
..I has replied 20 IL IN the following very
.ateI language
-I- Fxcellcucy p. w. Mckinney. Gov
frunr OF tic state of Virginia, Executive
Mansion, Richmond Va.
SPEAR Sir.-lo our communication of datethe
O. uitimo.. making certain ln4uiues rela-
Eve O. the newspaper accounts you nave seen
q. SD alleged rize fight. which is reported 20
l4le recently occurred IA Norfolk county.
t.... reached me by mail, and simultaneously
herewith. through the public press.
"3ly temporary absence from home las
prevented an earlier response.
"N huo Go not cOnce4e that the authority
r- .een vested iu tie Executive % demand
G. che officers in the judiciary Department. OF
.rr State government reports relating 10
tle.r official duties aud although the purport
s.l general tone ~ your letter NAV ue un-
.r-.edented. still 1888 10 contains an obvious
Implication of dereIctiou of duty on the part
f tie officers OF my county. including, per
Laps. myself ! therefore be- leave TO state.
g. difference TO your inquiries. that the two
regular grand jury or criminal terms OF NV
D. .u-t as provided for by statute, have for many
v.ars past been designated Oy the Judges OF
t..t court % be held in January and
Jr.y ~ each year. that the reports OF
fIe prile fight referred TO appeared IN the
rerers afte. the adjournment of the last JAM
.non seeing such newspaper accounts nj
once decided and such determination on my
mart appeared in the Norfolk Nirglnian ia ITS
issue dated The 18th day OF February last 10
order % special grand jury 10 the earliest pos
sibIe moment. with view of charging them
specially as 10 the duty which deyoVed upon
them % ascertain whether the laws prohibit
INK prize fighting had been violated III tins
county. aud II so. 20 report the same, with
al particulars. TO the Court.
srEcIAL JURY.
such special grand jury was, long before
the date of your letter. ordered for the April
term Of the court. at which atime the statutes
bearing upon prize-h2htng. as well rs the
newspaper accounts referred 10. wall De gwen
them specially in charge.
$50 much. then for the discharge Of such
duties. previous 90 trial as arc incumbent
upon lie as Judge. And this conceive TO
be the only legal and proper function ol "a
Judge apart from the trial OF the accused 10
order arrests when not personally present on
tie occasion u O violation ot the law g. order
the issuance of warrants or even 10 prefer
charges. would at once disqualify the Judge
from sitting pmpartially 40 the trial Of the
accused
ii take IL 90 be the duty Of the police Of,
fcor- the citizens and also OF the Governor
when his services are requested. % institute
these lniuatory proceedings. Certainly IL
would be uubecoming IN the nudge so 10 90.
Nor can think that you intended 10 impute
go me q dereiction Of my duties. And this,
notwithstanding the peculiar tenor OF your
letter.
reasons why tie parties have not been IN
C.c.ed.
IT NOT, WHY
Youask. Were the parties arrested by war
rant and IF not. why {.
"As 90 this l am not advised, but take 1t
f.r granted that none Of the county Odicefs
were present 40 the fight. which. II u occurred
90 al. was very probably conducted so
secretly and adr0itlv as TO elude the vigilance
O.. the officers. And II is not TO be supposed
Shat auy one else present on the occoslon
would have sworn out warrants against the
participants. or perhaps such warrants may
lot lave been issued owing % general mis-
apprehension as % the repeal OF an act known
b.. tae Virginia Sporting and Athletic CLUB,
which has been interpreted TO authorize
lrle sighting q this state
..I ON also desire 20 know whether there ls
Any defect IN the law and request me 10 let
you know what 10 IS, so that II may be rem
ei.ed.
"I avn not aware of any duty devOlvng
upon me % interpret tie laws for the Gov
e-l0r. OF % report defects therein, to be rem
e5.sd bv him. / would respectfully refer you
& information on that subject 10 sections
and a6yl of the Code of Virginia, edition
l-
"Aul would also suggest that tho Attorney
General is required Dy law % give you his
opinion and advice in writing, whenever the
s4me may be required by You.
In Justice % myself and the officers of my
county. on whom YOU have publicly reflected.
shall cake the liberty OF following your eX-
ample ia giving tins communication also for
publication: but shall not do so before the
same shall have reached you.
Of have the honor to be, very respectfully
j urs
.Srguedl WILLIAM n. PORTLoCK,
Judge Of the County Court of Norfolk
county