The times. [volume] (Richmond, Va.) 1890-1903, 1901-12-06
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LEGISLATURE TO
ELECT THEM He: A STILL
Mr.. Withsrs' fm,ndment as 70
Judges is Rejected.
CAUSED A GREAT DEBATE.
Vote Against Was 40 to II '''jor
Allen Qualities as Mr. Newton's
successor : The Days
Proceedings.
CAUSED A GREAT DEBATE

dav Inv vote OF q to 40, rejected Mr..
Witherr, amendment tH the judiciary
renort providing that the judges OF the
Supreme Court be elected by the people
1'hi, and the qualification OF Major
Otway S. Allen as q. member of the con-
yention' from this city, to succeed Dele
gate Newton (resigned, were the only
interesting events or the SESSION:
There were seventytwo members pres
ent. and 2 great many prominent WISH
tors were on the floor, among whom was
Sir F;ol,ert Ball, the noted scholar and
astronomer.
The greater part Of the session was de-
voted to a discussion Of Mr.. Wlthers
amendment, which was finally rejected.
THE DAY IN DE AL. -
The convention met at 10 O'Clock Pray
err by Mr.. Dunaway; seventy-two mem"
bers being present. Memorials reiatihs
to LIQUOR licenses were present'd
The convention went into Committee OF
the Whole to consider the report of the
Judiciary Committee, Mr.. Boaz presiding.
judge Harrison discussed his amendment
providing that Supreme Court Judges De
elected by the people. until such time as
the Legislature provides some other meth
3D. He sad that the bate on the pend
ing seemed to be conducted on the prln-
ciple that those lawyers, who had lost
a great many CGStS OSIOlG llc Dupt SitC
Court desired a change, and those who
had been successful did not.
He said great deal had been said
about a purified electorate, but il it was
to he purified by an understanding
clause; where a registra could sit in
Judgment on every elector. ne wanted
lust as few elections by the people as
possible. No one could know what eff
feet any of the proposed suffrage schemes
would have and it was best to allow the
Legislature to change the method of
electing Judges by the people If it was
found that the suffrage clause IN the
convention finally adopted should prove
disastrous The speaker said the true the
ory of electiEg judges was by The people,
provided conditions were such that the peo-
ple could express their will. Any 9TH
er system tended to make courts auto
cratic and dogma tic.
IN OPPOSITION.
DR.. Dunaway opposed the amendment.
claiming that the people did not desire
the power to elect Judges directly. but
properly preferred to exercise that right
through their representatives in the Leg
islature. He made a strong speech
along this line. He stated in the
course OF his argument that he
greatly preferred having the judges
appointed by the Governor. but as
he could not get as independent a coast
as that, he would take the system pro-
posed by Jefferson and Nadson-by elect
ing them by the. Legislature.
Judge Quarles; advocated the election
Of Supreme Court Judges by a popular
vote, because he believed with the Bill
of Rights that all officers were servants
OF the people and should be amenable to
them; that all power was vested in the
people and that they were the court of
last resort. The sovereignty Of the people
carried with it the right to select their off,
GERS. He insisted that if the; argument OF
the other side was correct they. should
follow it up by advocating the selection OF
Judges for life for then they would have
a court independent Of the people sure
enough.
He cited the defeat OF Van Wyck in
New York by the people for the Supreme
Court and asked if any one doubted but
that he would have been elected by the
Legisla ture il Croker or Plat had wished
it. He said Judge Conley was defeated
by. the voters OF his own party in Michi-
gan, and a, Democrat who had not
grown Independent of the people was
elected by a tremendous majority. It was
a battle between the corpora Llons and the
| people, and the people won. He declare,
that the election OF Supreme Court Judges
in Ohio by the people had saved their
court from being dominated by Mark
Hanna and the Standard, Oil Company.
OTHER MOTIVES.
He charged that opponents Of the En-
| ployers' Liability bill were opposing the
election OF judges by the people. They
knew that the people had determined to
have that law, and what good would
such a law do if it had to- be construed
by court selected by a Senate that had
repeatedly refused to pass an employers
liability bill at the behest Of the rail.
roads. He declared that the question
before the convention had resolved It
self into whether judges should be elect
ed by political bosses and corporations
or elected by all the people.
| He did not intend to apply his remarks
| to the present judiciary or the present
| LEGISLATURE; but he did say that in a
great many States Legislatures were
owned, body and soul. by corporations
and the day might come when such
| would be true of Virginia. He asked Mr..
Carter if he would deny that the employ
ers' liability bill had not been repeatedly
defeated by the railroads. MI. carter
said he knew nothing about It,
CAPRICE OF THE PEOPLE.
Judge Brooke opposed election OF the
Supreme. Court Judge oG popoiel'
and said Mr.. Withers il his speech TOT
the change had only given Il believe
for facts His speech read IKE
church creed it had SO many Il belly
es.'' and II fail to understands In IT,
He then dissected Mr.. Withers speech
and charged that it did not contain a
simple, presentation Of Fundamental
principle. He asserted that the furtner
| the Judge. were removed from the caprice
of the people the more independent ano
| unbiased would the courts be. He SAID
a judge should not have to sit IKE
shimmering slave in the presence OF 3
tickle or revengeful master he
never wanted to see the day when
| a judge could look into the eyes OF
| felon to DO punished by him, and have to
realize that possibly his own future de-
! pended upon the favor or enmity of that
felon in the future.
Mr.. .Goode asked Judge Brooke il he
did not know that the whole Of Jeffer-
sons life was devoted to establishing the
right of the people to select their public
servants, and asked him If he did
not subscribe to that doctrine. Judge
Brooke replied that he PROFOUNDLY
believed in a. certain class OF officers
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