The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-05-09

a abstraction between the alleged causes u.s. IS
OF which the accused judgs mus l ~ ny sf
twenty days, notice ana nc gau n,, the
Journals OF both houses ms appes y ,v
from pager pr re- sren, aPa yn n tNr.
Dan,eS. which had been signed by ttwenn.
tsassyei, Senators. stating the causes Tor
which Judge STEPHENS was r eneyc ~
tbe 'e senate ms coin eideniiy with the pass, &c
OF tho resolution of iSmoNal, ana ~ ~, VIE Ale
II was stated with clearness Una. Il.e and
The causes Tor which removal was had
was one which 1t was, necsss5f5sa,ry 70 { 90,
SrantS tha i t he an new Geonstu
ton made no difference IN . tis tbhi
OF the section. the speaker cohtenneN LII LII
under both the old and the new Son ss,-
essary TO be placed OH the jonrnhi "a, a. t .ite
time OF the removal. as was, d flIns ps oieaT
isn seps ., s Of removal in that case had
been agreed upon before the passsss,Be 20 o =
the resolution from the iast rmr' 1,s the
resolution was passed The senatp,T VII il
clearly OF the opinion. howexeE' tna. "a
again. and when asked by Mr. 0p yd ., M ,Srsi
then. was 1t necessary to give Sai, am W,
notice replied that the object o. ,6 hne t tv
flee was to giye the accused 1uuBs Nm, IN
opporNinity to make an answer in Wh i,ili
he could state any reasons why he sh n1na
not be removed and s aisk 1 or 10 10
s,.he ann V eVide H already taken Judge
Campbell had not stated In ms an a,,s VI.
that he desired to to- pr c,,,traes s or refutc
any OF the evidence than ni;e ,it ,o .,, Il
Therefore the speaker did hS ~ a neneraI
nssa,sbly 70 take the evidence again. II
ii was illegal 10 take tho eyidence a nF ths
taken by he ssandi5 aa eo af ae how this
iiiepSjity would be cured by taking again
before 4 Joint canmttee :, as prop pese Ia
For these reasons Mr.. { ha'S of NJ 5i'' An.
ierson to amend the resoimt,ona o ~ re- re.
moval by adding TO 1t the causes s. al 70 70
mnis q. IA, n ,Tcnt,merts to the said amend
1nent, SO MS 10 make II include only those sc
causes OF removal which he deemed 70 NO
sustained by the evidence.
Argument Of Mar. Sears.
II wns 1915 when Mr.. Sears. OF Ma
thews, arose to make the closing a arsu.
ment for the Cogbin report. Mr.. sears
referred With great modosty TO ms III, uis
pidation in undertaking TO speak , on ms rs
haa spo SR Mhl Wlth 70 a srasefu tribute
Mr.. McliwaIne The snsa,hef sta Se w ave-.
u meni Of the chairman of the Courts OF
pYtse p5nIaj snslay s s eh2fs n Card
We'll Wiclham Keith ahd, Others 7. , wnG
participated in the action or me Genera &c ',ra
cedents in. the Campbell case. The Ma,
theWs senator went further back. ana ana
quoted Chief Justice Mar 6 10 ana otl, e,
o 81 is e Sdoped and Incorporated il The
Constitution the provision for NE Iei i,lSt,n
OF Judges. He contended tnat 49, 5uuS ~.
SouId then be removed for useleSsiiess ~, pi
Far nnv Other cause deemed sufficient by
4 tie General Assembly, and that NE IN,
scrtion Of the Woros ,} i1r n GauI mnateriaI lily
affect the meaning OF lhau se ~ ai,"ra.
did not limit the power ana the al S'ore
fion OF the General Assembly to remove.
The requirement that the causes OF re,
Incyal shall be entered on the 1ournal o, or
each house is the same tat "a az 80 y "a "a
q Mir. Sears argued that the changes IN tne
Constitution recently made dia hot *
alter the meaning OF that ssero M az I'm 10
derwool Constitution applicable to TINS
case e.4 81,
thority for the contention that the Gen
eral Assembly might remove ludge i.a
any cause deemed sufficient but shat tr re
Of ns5 X 3ha et the Constr
tuition not having been materially changc S
the procedure Of the House in ti;S S,, camp mp
e eeaen euse ya the rsss aa ssae
cases cases cavered the Campbell ease IKE 4, q
blanket and absolutely m nam "a 5he
The Senator then argued to sustain the
sufhcency Of the notice served on Judge
Fam c9n; Ma 1 i s1 Gonrad ad
admitted the notice by appearing IN re-
Spouse thereto and making his defense,
Taking up the question or the record
its authenticity and admissibilty, Mr.:
Sears dismissed as trivial and mniaterinl
the omission of the House cominiltee 70
swear, the stenogra Diler who prepared the
record. Ho directed attention to the prac-
tice of lawyers in court of accepting the
record Of evidence as transcribed by the
ctr nyrnp nh n OnD0gtng COUNSEL.
statement Of Judge Campbell that he was
spouse to the notice served upon him:
The judge had had every opportunity Of
defense TINT any man could reasonably
ask. and more than Stephens and Slu-
mate. In that no had ADLER counsel
Many interruptions.
Taking up the constitutional provision
for removal the Senator stated that u
Il was not required that both houses should
INTERRUPTED to say that he did not con
tend that Mr. Sears was quoting Judge
Scott in a case in point, when MI. Barks-
dale interrupted to ask If Judge Scott
Il had delivered the opinion OF the court In
that case. Mr.. Sears replied that he had
not. but that he had coincided in the COLI
illusions embraced in the opinion of the
court IT Is notla question OF deiense
after the twenty days-notists contended
tween impeachment and removal by Joint
resolution. the Senator pointed out that
impeachment was legal proceeding,
higher court as 1t We're wherein the Sen.
ators are sworn as Jurors and the de-
PENDANT has counsel There are no rules
of courts that apply to this proceeding,
This is summary proceeding, speedy
remedy. He did not mean It to be un
fair but he made the distinction that this
was a political body, responsible only to
the people Judge Campbell has had his
twenty days notice, his day In court and
his answer has been filed.
MIR. RarKsdale asked II In his answer
Judge Campbell did not complain that ne
had had no notice of ono Of the charges.
Mr. Scars admitted this. but contended
= that the Judge had had al! the notice
9ns,eaaanls'ed by The co1 ,tt MI
twenty days notice of anything save of
the attack on Crawford MIR. Anderson
volunteered the answer. that he Camp
belD had had notice Of ali the charges
hefore the House acted on the report o!
Ats committee,
Taking UP the McIlwaine report. Mr.
Sears retGted separately the contention
therein contained denying the violation