The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-05
Seems to Have Started With q Mistaken,
Conception 81 lts Power, Right
4 XII and Duty Ia the Prsm-
S5 lsea

2of Their power. riEht and duty in the the
premises. For, IN ss3GL .ss X
b I. The power 4 Of the 1esislature TO re-5
move u unlimited, except 20 far ~ Il
tuition. @ u. II iEf
cept 50 s. far al restrained by Its own
Constitution. IL at all times absolute
with respect 10 all offices within its
reach crenshaw vs. United States. u: is4
=: 81 Re grant Il general power to re-
move 3 carries with 1t the right to re-
move at any time or In any manner!
deemed best with or without nottcen
under the Constitution OF the District"
OF Columbia. Ecklon vs.. District OF CO.
1umbia. 1875 U. g.. $40. y, ".
't.T,he appointment to and the tenure
OF an Office created 4 for tho public use
term CONTRACTS Intended to be pre- a
tected ~ the United States Consi tltion.'
= Crenshaw vs.. United States, l34 y. 81.
AZ Jury trial Of charges against an
}offlcer Is not necessary to constitute oue
process OF law In suspendinE or renov-t
Ing him ilson vs. orth carr lha'5 =.
s., 5ss. i 95 VI a as, !, V
II. Apply the general principles sta tea
= rove to the present situation In the
Campbell case. We find al ~
"a. Section 1o4 OF the Virginia Gonstitu-
5tion eiyes the General b Assembly power
to rem owe Judges. except that removal 'a
must be $5 Il, u fl.8
~ TOR cause. ''s /, I, Z, y, |. 8
w (2) "By q ma ortty3 OF all Inc members
elected to each house. SCI f n \, 4,
AZ 19,F ..Tha cause of removal shall be en-
tered on the journal OF each house.
"a ~ 1''The fudge shall have twenty days
notice. with copy Of the causes alle g. q
for his removal before ether nouss s''Aii
rTspIT THE JUDGE
sssi' Al to (l) above, It Is patent that Gal!
itra9 General Assembly must ITSELF be the
Judge OF what ID sufficient cause tor re-
moyal: otherwise The independence OF .tne
denar tmeTits Of the government Would Do
Sinfringed upon, and we misht nave Eng !
strange anomaly OF the Legislature Yot-8
Ing to remove the judges q sho ,sue
Court say shat the causes for their re-
moval were not SUFFICIENT and valid IN
ia ~, And ~ tho General Assembly Is.
self must say how It shall be satisned !, q
the existence OF the cause, Or. IN osiier
words, what proof OF evidence ~ s!lall
require OF the existence .ol these Iaus ~.
and it IS, therefore, entirely WITHIN me
,ast,+ and power OF the Senate to say
that it viii accept the findings q IN me
I House oomulittee as satisfa factory eVt --s
denca of tho existence OF the causes,
and a fortiori that It will accept me Sworn rn
tes timony OF witnesses examined py tn M
corn1nittee under oath. mDooieo ~ ~
lrecord q which shows that the accused
1,,dn - was riyen and exercised every OPP
nortunity Tor the production OF eYlae 'n,.
IN his|own behalf at the expense O. @tne
ata ia "a such an extent thai ne was was
svan allowed to bring to Richmond, az
the expense Of the State oyer, smet ~
Witnesses more than were put . upo Pm No
stand by him q ~. Z, ~ :
NV. K. - ~ above there Is no dispute
IS a. "a I31 above, the cause OF removal
ana I, Ia entered on the journal OF eaoh
Holse." Waving for the present the
question Of the suffic cheney OF ne .reeGru
al IL now stands in tho House O. De!e 9
gates, it Is apparent that Inc Iaouse
Buttons now pending before the Senate on y
NAV be amended BY the Senate BY the m.
sertion Of the cause Of removal, ana N
when passed upon by the Senate - ms
q mended FORM may be sent back 70 the
House TO be CONQUERED IN as Amended;
and certainly then, the actual causes !! ICE
removal Will have been entered oh .t -.
ia and expedier,t for remedying an al
legged defect as to make It Idle. indeed zee
IL say that the record, is IN such shape
I a. "a prohibit the Senate from proceed-
Ing until the House of Delegates shall
i have amended Its record. Z Y. ]. J,
4, As 10 ~ above, It is not questioned 2 . !
even by the Senate Commi..ee tn 1he
causes alleged, was served on JudHS
aCannp beli nor Is 1t denied that he Within
the twenty days, filed his answer
not asking for further trial Or the m
PRODUCTION OF other evidence, but, N fant,
demurriug to the evidence already In
How then can It be said that ne mas not
been given the fill benefit Of every con.
stitutional provision for his protection?
surely when the case has been tried and
fha verdict found ana the defendant al
.leges no new found evidence nor other
lust grounds onts which to set the yer-
dict aside, should even court ex meru
n,otuS hold Judgment in abeyance and
And certainly a legisla tive body with
full power and with full knowledge that
every opportunity for defense has already
been given, should not postpone cons
sideration OF the merits OF g case where
1postponements means 9 denial OF Justice
removing tho cloud that hangs oyer him;
and absolute denial OF relief to the peti.
TONERS II such action Is to be POSTPONED
until the Judges term OF Office shall ex-
pire, when IL their allegations are true
his unftness to occupy judicial position
for q single Term OF p1s couft 's a" peotl
au'''' PHRocDED1Nas coNFouNDDre
y III. IN truth. at least part Of the SEN
ate Committee seems to have confound-
cd the proceedings for removal with the,
proceedings for Impeachment, under sec-
lion 81 Of the. constitution' for seetion.
81 does, indeed, purport to set out,.nt
grounds rrui tor impeachment; to Wit, ''of-
Tending against the State by ma1fsasance
in ofice. corruption neglect Of duty, or
other high crime or misdemeanor," and
does provide that that proceeding shall
partake Of the nature OF, and shall, IN.
facn5 be q trial, But not 50 as to section
providing for removal. which IS much
broader in It's terms, and gives the
General Assembly full power to say what
shall be causes Of removal, and how It
shall be satisfied OF the existence OF these
causes, w X Il. u III b 3. sff9,i II
There ID, at least, an element Of graft
,catton in knowing that the Senate com-
mittee appears 20 have been sufficiently
arouged n the demands OF the situation