The times. [volume] (Richmond, Va.) 1890-1903, 1902-01-10
LEGISLATURE TO
ELECT JUDGES
tdGocates of Popular Choice are
Again Defeated.
UNIVERSITY PEOPLE WIN OUT
fastitu,ioa Permanently Provided for. rs i,
Also The Virginia Military institute.
Warm D=bale Between Nessrs.
McIiwaIHc and Glass.

nc convention yesterday cofnplelctI
the consideration of the section of tie
new Constitution relating to the judici-
airy, and referred IL TO the committee on
Final Revision and Adjustment.
a great hight was made to have the
report of the convention so amended as
10 provide for the election OF judges of
the Supreme Court OF APPEAL by t..e
people, but 1t failed, though notice was
given by Messrs. iIeezeli and Oflaherty
anc others that they would renew the
fight when the Constitution comes up for
final action.
The University people won a great VIC
tory in securing a provision for the APP
preparation OF money annually to that
Institution. The Virginia Military lnsu-
tute got in by amendment. and there was
much debate over lie TWO propositions
The day was a stormy enc in many re-
spects.
TIE DAY IN DETAIL.
The convention met at 10 o'clock with
r,r4yt., by DR.. Mcllwainc, eighty-one mem
beers being present.
Mr. Glass introduced his resolution re
Iating 10 suffrage, which was ordered
printed. One was also presented by MIR.
Barbour and referred.
The report OF the judiciary Committee
was taken up. There WAS a strong con-
test over i;i,,nlotion to pass by consdera-
by which Tho election of Judges of the
Supreme Court by the Legislature was
aecDtcd The motion 10 postpone was
lost--aSes.-SS noes, Il, and the motion -
rccons:6 or. prevailed-ayes, 50; noes. %.
Mir, auarIes moved TO amend. by pro-
viding for the election of Supreme court
judges by the people.
Mr. Hunton raised the point OF ORDER
that only the vote on section mad
prif 10
the election OF judges had been. The
President sustained the point of order
A motion to reconsider that particular
clause was then made and prevailed
ayes, AS: noes, IS.
The vote now came up on the inouon
In Committee of the Whole made by MI
James ". Gordon, that judges of the
Supreme Court be appointed byathe Gov
ernors - besconfirned by the joint vote
of the General Assembly. The pending
question was called and the aincndmcn.
was rejeCtt d-ayes, 50; noes, IS.
ELECTION BY THE PEOPLE
Mr.. O'Flaherty moved to reconsider
section so that judges Of the Supreme
Court could be elected by the people
Mr. Huuton raised the point OF order
that the vote by which that amendment
was rejected in Committee of the Whole
must first be specifically reconsidered.
The point of order was sustained.
Mr. O'FIaherty moved TO consider
The vote by which the amendment was re-
1ected MY Hunton raised the point that
Mr. oFlaherty could not move to recon
slider because he had voted in favor of
the amendment which was rejected. The
point Of order was sustained.
Mr.. Barbour offered an amendment pro-
viding that the General Assembly elect
on the nomination OF the Governor. Mr.
11unton raised the point Of order that
the amendment was the same as the
one just voted on and defeated. The
point OF order was sustained. Mr.. Bar
bour contended that there was a great
deal of difference between appointing and
nominating. President Goode decided
that both were practically the same.
Mr.. Lindsay offered an amendment pro-
viding tfat the judges of the Sunrene
Court shall be elected in a manner to be
prescribed by law Qeaving the mode OF
their election to be fixed by the Legis-
Iature1.
General Ayers called the previous ques-
ton. The call was not sustained. two
thirds not voting FOR it. The pending
question was called and the amendment
was defeated.
AGAIN DEFEATED.
Mr.. Barbour again offered an amend
r1ent that the election be by The General
Assembly, on nominations made by the
Governor. The Joint vote was omitted
IN this resolution and the points OF order
could not prevail against it..
The amendment was rejected-aycs 81;
noes, IS.
Mr.. Summers offered an amendment
providing ttat the Governor should nomi-
mate eight lawyers of recognized standing
from which the General Assembly shall
elect five judges. 1t was rejected
Mr.. Hunton moved the adoption of
section 5 as reported by the Committee
of the Whole. He called the pending
question and section ; was adopted.
NOT FINALLY SETTLED.
Mr.. O'Flaherty gave notice of a motion
10 rescind the action of the convention
at the proper time. Mr.. Keezell also
stated that when the Constitution was
under flnel review by the convention, he
should ,11ore TO amend the Section as
adopted
Before the section had been adopted
revcral Intellectual attempts were made
TO have consideration passed by, but all
motions We're declared out Of ORDER, be-
cause the pending question had been
called.
This most exciting fight in the history
OF The convention was over at 11:3o
O'Clock. Good generasship carried the
day against an apparent small majority.
Judge Harrison onefed 81 new sec
tion to be known as section "a, authorizing
the Legislature 80 appoint special COM
mtssioners TO hear and pass upon appli
cations for bail.
Judge Hancock opposed the new sec
ton, saying that ii was a most rnischiev-
Gus thing TO permit the Legislature or
g fudge TO delegate judicial powers.
Tho amendment was adopted-aycs. 50:
noes. Is.
WANTED IT KILLED.
Judge Harrison then offered a substi-