The times. [volume] (Richmond, Va.) 1890-1903, 1902-08-03
INV The GENERAL ASSEMBLY
MAY PROCEED AGAINST JUDGES
Two Methods Prescribed by the constitution-May Be
Impeachment or Removal by Concurrent Vote of
Both Branches-Precedent Under Latter Section.
FAMOUS CASE OF STEVENS AND FOWLE

,+,, oresen1ed in the General
Assembly calling for an inFesusa.ioi.
into the Campbell-Crawford cowhidinS
anafr. # being contended by some that
proceedings looking to an aoouolcauon
of the case by the Legislature couid not
properly be instituted in the manner SET
Forth in the resolutions offered just be-
f,r,e the recent recess by Messrs. Jen-
nines, OF Lynchburg, and Bruce OF
Wise (by reuuesD. in the House ana
Senate, respectively.
A careful examination into the con-
ptitutonal provisions on the suoJect
shows that such proceedings are enureiy
regular. and that two modes are pre-
bcribed IN the Constitution ny "f'e''
legislative action may be had should that
body elect to take the case up. Ihese
modes can be more clearly set loFlh py
quoting sections 81 and 1oi OF the ne"
Constitution, which read as follows:
Section 81 The Governor, Lieutenant AM
Governor. Acknowledgement, Juosss'
members of the State Corporation ~
mission and executive Officers a
seat of government, and all 1s,!e
pointed by the Governor or eiee
the General Assembly, oHet'diii =, 80
the State by maifeasance In olllce' 60
r,,ntion neglect Of duty. or other hish
crime or n1isdemeanor. may be lmpeach-
ed b,r the House of Delegates. ana prose.
c,,ted before the Senate. when shaii
have the sole power 10 Try iihpSa.ii
.1ent. When sitting for that purpose
the senators shall be on oatn OF ann no
ton. and no person shall ne cohsicleu
without the concurrence OF two-thlros
of +be senator's present. Judgment in
case of Impeachment shall not e&'eHu
further thar removal from office ana
disqualification to hold and enjoy an!
office OF homer trust, or prof1t unoef Tue
state: but the person convicted shali
nevertheless be subject TO lnolclileh.'
trial. Judgment. and punishment accoto-
ing 10 law The Senate may SIT curing
the recess OF the General Assembly ioi
the trial Of impeachments-
"section lo4. Judges may be removed
from office fer cause. by concurrent
vote Of both houses of the General AS
senbly: but q majority OF all the mem
bcrs elected to each house must coilcu,
in such vote and the cause OF Tet'iosai
shall be entered Gu the journal OF eaSn
house The judge against whom 'iie
General Assembly may be about to pro
oaad star have notice thereof. accom-
panied by copy of the causes aiieeeo
for his removed at least twenty days
before the day on which either house
rf the General Assembly shall act-thefe-
on
FAMOUS CASE IN POINT.
Precedent is had for action under lhe
latter section, which is taken Amos.
bodily from Section % of Article VI. OF
tho Underwood Constitution. 1t is fur
,,i-hed IN the case of the removal from
office of Judge George s. Stevens. OF the
County Court Of Nelson, by a concur
rent vote of both branches of the Cen
eral Assembly. at the session Of lsio-o.
1t was under Section 49, of Article VI. OF
the old Constitution. which Is almost
identical with Section 1O4, of the new
Constitution, that Judge Stevens was
removed from Office.
The proceedings are set out at length
an the House Journal of the session OF
1850, and are of peculiar interest, IN
view of probable action on the part OF
The LEGISLATURE IN the Campbell-Craw-
ford case.
An allegation was made and brought
IA the attention of the Legislature. then
On session, that on or about the second
day of January, 1876. Judge George 3.
Stevens, of the County Court of Mel
son. was in the faro-bank of John "A.
Worsham, in the city of Richmond, play
ing and betting alta certain game of
cards. known as 'draw-poker'' or
.freeze-out;.' and that the said Stevens
did win from w. II. Fowle, a member
of the House OF Delegates from the city
OF Alexandria money, checbS ana poHuS
to the amount of $500.
INITIAL RESOLUTIONS.
The Journal shows that on January 81,
1876 the late John e. Massey, then a
member of the House from the county
of Albemarle. presented in that body the
following resolutions, which We're adopt
ed:
whereas statements has been pub
lished, and are now In general circula-
ton. charging George S. Stevens, jude
of the County Court OF Nelson county,
Virginia, with conduct inconsistent with
the high judicial position he occupies.
and which. if not enQured into by this
General Assembly, must reflect injurious
" upon the dignity and purity of both
the Legislature and judicial branches of
the government of this Commonwealth:
therefore.
Resolved, L That st is due alike to
the judiciary of this State. to the mem
bers of this General Assembly. and 10
those whom they represent, that the
by the said c. j. Campbell upon Mr.. c.
corning said Stevens be inquired into
and the facts reported to this General
Assembly.
. That special committee OF five be
appointed to investigate the subject, and
that they be and are hereby authorized
TO send for persons and papers
BEGUN IN LIKE MANNER.
The resolutions offered in both Houses
recently in the Campbell case are as fol
lows:
Whereas sundry memorials from tn,
citizens Of Amherst county and from
members of the bars Of Amherst ant
Nelson counties. and from members o
the Lynchburg bar have been presented
10 the General Assembly of Virginia. ask
ing for the investigation by this Genera
Assembly of the conduct Of c. J. Camp
bell. Judge of the County Court of Am
herst county, Virginia, in relation to tn
alleged assault with a cowhide or WIFI
by the said c. Campbell upon Mr.. c
II. Crawford during the session of hi
court therefore,
Resolved. That this body adopts th,
statements contained in the memorial o
ths Amherst bar as a specific charg,
against the said c. j. Campbell. and viii
proceed on the fourth Wednesday of No
vember. 1902. 10 investigate the specific
charges against the said Campbell a.
contained and set forth in the said me
x-t,ix oytl ,,,Il,