The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-07

the Senatc'6 action IN THIS ca'e, H.tu
characterized 1t as TTonstrous PROPOSE
ton. The Senate was here to set pre-
cedent, and OF all judicial bodies that
ever sat, this one ought to be most par
ttcular. The advocates Of the Cogblll re-
port had relied upon tho alleged prece-
dents quoted ana had evaded the ques-
ton OF obedience 10 the Constitution.
There were two methods provided by
the Constitution one by impehchrnent anu
the other by removal by Joint resolution
for cause. TO remove g. man by impeacn-
tnent would pitt a stigma upon man ano
make him loss than citizen The otner
wo,ild effect this result without the isno-
rniny Of this stigma.
Reverting to Mr.. daytor's' argument,
Mr.. watkins asked HIM II as Common
wearfrs attorney. he would have man
Indicted and then after he pleaded not
guilty to the Indictment, no would then
estop him from any further defense,
Mr.. Clayton: mo; would give him a
chance to present his evidence"
Present Evidence Twice.
..Then why don't you do the same in
the case of Campbell7''
Attacking the ndmissbillty Of tho re-
cord as evidence Iii the case. the speak-
er compared he demand that Senate pro
coed thereon to taking a case to court
OF record from a Justices court on a
stenographic report.
He vigorously attacked the contention
OF Mr. Clayton that alleged causes were
the same as causes.
Mr., CIaytor corrected tho speaker to
state that he said that when tho alleged
causes were supported by testimony they
were equivalent Continuing hB view OK
the House procedure. the speaker argued
to show that there was very Important
distinction between alleged causes and
causes for removal In n proceeding Of this
kind He took the ground that 1t was
not the duty OF the Senate to blindly fol-
low precedent and charged that there
would Be no progress In law or anything
else II men did not think for themselves.
Tho Constitution lays down the principle
plainly that you cannot remove man
from Office except for cause and that
must be reasonable cause A man
could not be removed because no was
Baptist or for some such insufficient
cause Under the provision OF the Con-
st1tution the Court Of Appeals can re-
view any case Asked II the Court Of APP
peals could reverse the action OF the Cen
eral Assembly in case like this. the
speaker said he was not prepared to
answer that Ho had reference to a
County Court
Rules Not the Same.
Mr.. Bruce Interrupted to state his be-
lief that the rules Of evidence are not
the same In n court and IN q legislative
proceeding like this.
Mr.. Byars: II do not believe tho Court
of Appeals can review the action of tho
General ssembly In removing Judge If
the Constitution has been compiled with"
Resuming his argument, Mr.. Watkins
commended that there was some reason in
the requirement OF the Constitution that
twenty days notice must be given, and
there Is difference between alleged
causes and causes for removal, said the
speaker. Campbell might be removed on
charges that did not involve ignominy
and nc might be removed on charges
Senate ought to go into this case care
fully Judge Campbell's demurrer to the
evidence did not end his right OF defense.
AS to the sufilciency and admissibil1ty Of
the record as evidence in this case, Judge
Watkins contended that the failure to
swear the stcnographer was material and
that no one knew officially or was ready
TO certify that this printed record was
a correct transcription and record OF the
testimony. In cosing his argument. tho
speaker impressed tho point that the eff
feet OF tho Senate's action on Campbell
was the most Insignificant phase Of this
case and one that did not concern him in
the slightest.
Mr.. Hartman To-DaY.
Judge Watkins spoke for an hour and
when he concluded Mr.. Hartman, one of
the signers of tho Cogbill report. was re-
cognized and will have the floor at noon
o-day. to which hour the Senate adjourn
cd.
& 1t is expected that Senator Barksdale
will speak for the Mc1lwaine report to-
day, and that Messrs. Walker and Sears
will advocate tho Cogblll report which
they signed and possibly Mr.. Bruce will
also. Mr. Sears will close for that report
and Mr.. McIlwaine for the report which
he signed and the substitute resolution
accompanying It. Tho session will be-
gin at noon to-day and continue as late
as may be necessary with a dinner recess
OF two hours A vote on the matter Is
expected to be reached before adjourn
ment this evening.
Among the interested listeners to the
debate in the Senate yesterday was Mr..
Davis, of Petersburg, n member of the
House Committee which tried the case
in that branch. He was 1ningltng among
the members during the discussion.
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