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

The case OF c. ]. Campbell. 61udre7 Or
the County Court Of Amherst. efyort.. &
20 remove whom have engaged the atten-
Ion OF the General Assembly for four ar
1lve months at intervals, IS now arawinr,
to close. The Senate yesterday votei \
down the $McIlwaine resolution proposing =
70 near the case anew before a Joint COM
mlttee OF the General Assembly and it
is now only a question Of agreeing to@thr &
I cav , ses OF removal. The vote on the AIcIl-
Waine resolution Is decisive, and clearly
forecasts the removal OF the judge.
me sA1cllwaine report OF the COMMITTEES
ZOE Courts OF Justice was defeated E2l#
to Is. This is regarded as a fair test
or tho strength or the opponents s Of re-
moval and the advocates Of that course,
for though the questions involved were
absolutely legal questions it was impos-
sible to separate the effect upon tile case
OF Campbell from the legal phases Of the :
matter. Indeed, 1t may be stated that
the Senate yesterday voted on the Camp
bell case, not on the proposition Of law
and constitutional construction, though
many honestly held that the manner Of Y
removing was vastly moro important
question than the effect 1t might have on
the fate Of tho Judge, It may be assert
ed with almost positive certainty that the
three-days debate preceding the vote did
not avail to change the position or ms
4 {
To Strike Out Causes.
The Senate will convene at 10 A. M. to-.
day and will take UP the case in its next
phase. The first question will be as to
the causes of removal Mr.. Shackelford
has offered II resolution to strike out the II
second and fourth causes of removal
agreed on by the House. Other motions
of this nature as to other causes OF re- 4
moyal may be made, for there Is consid-
erable diversity of views on these lues-
tons With the matter Of causes Of
removal disposed of, debate on the NOR
Its of the case will ensue. Just how
much time this will consume is not
vote will be reached to- day. though 1t may
be late In the afternoon. Enough votes
to remove tho judge were recorded against
the Mc1lwalne resolution to leave no doubt
of that ultimate result.
1t was 11:45 o'clock when the debate on
the Campbell case was renewed. Alr.
Byars. Of Bristol. being recognized as
the first speaker. He stated his position
on the questions at issue clearly and
briefly; first, that he shared the views
of Mr.. Mcllwaine SO far as to hold that
the causes OF removal must be entered
on the, journal. but he belieyed the adop-
tion OF the amendment of Mr.. Anderson
would remedy this. defect in tho House
Joint resolution. The Bristol Senator did
agree With those wha 1ne maj
legal evidence in the case, claiming that
the members had the right and oppot-
and aqal'g sccraey ~ Of hat record Il was as
much a matter OF official knowledge as
was the answer OF Judge Campbell, ana q
the one than the other Nj. ByaEs af,s con,
tended that the General Assembly vas
the sole judge of the snfticiency or ths
causes of removal, and that it might re-
move a Judge of the Court of Appeals
for eatng peanuts IS on aas she sr
q 'b.aI,, l,an
regarded the record as legal evidence,
ana and the evidence iH this case; thai Jldgss
Campbell had had adeqlale h,t houG,st aIs 8ann
Byars declared that lac had originally
opposed the iiiyestiga ton OF the campbell \
WAS forced on tie General Assembly by
the press, He was prepared now to ad-
nit that. the newspapers knew more
the General Assembly, The speaker
stated that he admired Judge canpbell
for his ar aa bis ma pat Sonafh En-
bench had been proved by legal evidence.
The Middle Course.
Mr.. Halsey, OF Lynchbprg, was sthe next
speaker, and addressed the Senate briefly.
stating his p9Sson Satnn SR te taaesttoas tba T
Senate and the Commonwealth were both
to be congratulated upon the ability,
legal learning IA and q, rs1sa mpaFta!sy Saa @l
debated, For his own part. he Thought
this a case for the application ot tho
iiSts:s In the middle way one may 50
with greatest safety, Both the McIiwaifs
and Cogbin reports went 70 e&tfemes,
far as ii held that it would be nHcon.
TO remove Judge ,Canlpbell
Without entering the causes ,of rcrnpyal
wrong inDso far asit held that the esa- #
denca would necessarily have. 20 be taken
ing this position lie Claimed 10 ba In iiRs
WITH the precedent ib tire stephens casf.
and read from the recoIa ef thar pete "a