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

wished to proceed regularly ana ieSaiS'
Captain Opie declared. however. that ne
would not hang dog on the procedure
and on the evidence before the Senate
An this case He stated three grounds or
his opposition to the concurrence by the
Senate In the House joint resolution:
Ffrst, no notice such as required by the
Constitution had been served on Camp
bell: second. the evidence contained IN
the printed recoEd was not valid or legal
evidence, to be considered by the Senate;
nhird, the House joint resolution does not
KIve the cause OF removal. nor are such
causes entered on the journal OF the
House, as required by. the Constitution.
Tho speaker elaborated these objections.
stating among other things that the sen
ate had no official information that me
printed document was the evidence IN the
case. and that the stenographer was not
swprn. Such evidence would not be &C
cepted In any court He quoted tho Sec
ton Of the Constitution providing the
procedure for the removal OF judges. nnc
declared that this had not been complied
with.
Took Issue With Opie.
Mr., cogbill OF Chesterfield, took the
floor in advocacy OF concurrence by the
Senate In tho House joint resolution.
He took issue with Mr.. Ople on the three
points Of objection to procedure by the
Senate made by him. He denied that the
House had not proceeded In proper ana
1 egal manner; he denied that the senate
had no evidence in the case. and as
serted that the printed record Is the evil
hence: that It Is legal evidence, and sufii-
/ nient as a basis for action by the senate.
+ II was not necessary nor proper that the
lrauses Of removal should be spread upon
the journal at this time, and this should
not be done until the two houses had
acted. The case was properly Delore the
Senate. and that body need only concur
or non-concur in the action OF the House.
The Senator took the ground that the In
sertion OF the words for cause IN the
Constitution werp not material and did
not affect procedure under that sertlon'
When asked II he thought that since the
insertion OF those words FOR cause"
the General Assembly could remove
Judge on political grounds. he replied that
4 he believed 1t could.
Mr.. Cogbil traced the proceeding In
the case from its very inception to the
present stage, contending that 1t had
been in substantial compliance with the
law. EIe declared with emphasis that
no man had ever had fairer trail than
that accorded Judge Campbell before tho
House committee which tried him. and
that every facility and opportunity to
make his defense had been given him
then BY his own answer to the notice
seryad upon him that tho General As
eembly was about to proceed against
him he had recognized that he had such
notice. and therein had demurred to the
evidence as his defense against the
causes alleged for his removal.
Not Law Nor Equity.
Mr.. CoGbil1 was questioned by Messrs.
Sale, Watkins and Barksdale, Mr., Wat
kins asking him If this case was pro-
ceeding In equity, since he had said It
was not subject to the rules governing
cases at law. The speaker answered
that It was neither, but a proceeding
authorized by the Constitution.
Mr.. Cogbill then reviewed the prece-
dents in the case. laying stress upon the
fact that some Of the most eminent jur-
tsts this State has produced had beer
members of the General Assembly at the
time Of the trial of the cases referred to
Among those he named were Hon, r. T.
<, Barton, Senator Daniel, Judge Daniel A.
Grimsley, and others. The speaker de-
clared that the procedure In the Camp.
bell case was based on that In the Shu'
mate and Stephens cases, in which judges
had been removed by the General Assem-.
bly,. He closed by urging the Senate t.
vote upon the House resolution, eithel
concurring or non-concurring therein, a:
seemed right and proper.
It was o'clock when Mr.. Cogbil
closed, after having spoken half an hour
ar. Clayton. OF Bedford, was then recog'
nized as tho next speaker, whereupor
the hour for vacating the chair having
arrived. recess was had until p. M.
When the Senate recovered ut p. M.
Mr.. Clayton. Of Bedford. began his argu
ment for the Cogbill report, sustaining
the legality of the House procedure ant
advocating concurrence by the Senate
In the House joint resolution removing
Judge Campbell from office. Mr.. Clay,
tor took up that report OF the Committed
ior Courts OF Justice presented by
Messrs. Cogbill, Bruce Sears and others
and argued to SUSTAIN the findings
therein. He contended that the proce.
durc OF the House was In substantial
compliance with the Constitution ant
the precedents In the case. Mr.. Clayton
quoted at length from the procedure IL
the shuniate and Stephens cases. AND
asserted that these precedents had beer
closely followed In every particular. He
attached no Importance whatever to the
insertion by the Senate OF the words al
] legged IN the enumeration OF the causes
Tor the removal of Judge Campbell. The
word was unnecessary and immaterial
in his opinion,
Rlddled Mclwaine.
Mr.. Clayton then took up tho McIl
waine report and attacked It In all 1t
findings. He denied absolutely tina
Campbell had not had due and ampi
notice, and cited his appearance by coun
Eel and in person before the House com
1nittee as proof OF the service OF motto
una the sutiiciency OF that notice.
The speaker reiterated that the defen
dant had been given every opportunit
of defense against tho charges allege
against him, and had had all the defens
that the law throws around any mar
Having acknowledged receipt Of tho nc
toe served on him and appeared ther
in his own defense. Judge Campbell wa
estopped from technical defense.
was now too late for him to set up
plea that he had not had his day In cour
II he objected TO the procedure he coul
have gone In court and stopped the pro
ceeding. He did not do this. and II
how too late TO allege that the proceed
Ing was illegal. 1t Is commended that TIL
is a constitutional question and that
man cannot waive his constitutions
&, rights. Why can't he waive them2 aske
the speaker. rhetorcally. Mr.. Clayto
quoted at some length from Bishop o
! Criminal Law. and commended that tina
writer sustained tho legality OF the pro
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