The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-29

report of It's Committee for
Courts of Justice recommend
~ ing the removal of Judge j..
w. q. Blackstone. of the
Eleventh Judicial Circuit, for gross
immortality and neglect of official
duty" tho House of Delegates spent
yesterday afternoon discussing a
method of procedure in the matter.
and incidentally took up the question
OF an extraordinary or extended ses
sion of the General Assembly.
When the body at o'clock adjourn
ed till 10 o'clock this morning there
was nothing to indicate a Qualification
of the situation as to either subject
and owing To the fact that on Satur-
days and Mondays the attendance Of
members is always slim. it Is expected
that further debate will go over until
Tuesday.
Battle Between Lawyers.
1t was n battle between lawyers. and
though the question of an extended
or an extra session was closely inter-
woven with the main issue. the sur
face showed the chief difference to
be as to whether precedents in the
Stevens and Campbell cases should be
followed or whether there should be
another inquiry beiore a joint COM
vice of the twenty days notice upon
the accused Judge.
Mr. Withers. of Nansemond led the
fight for the latter course, and he had
able support from many of his col
leagues.
The report OF the committee signed
by twelve out ot the thirteen mem
bers. found Judge Blackstone guilty
on tho charges indicated above. aud
the findings were accompanied by
resolution calling for removal by
concurrent vote of the two houses.
after giving the twenty days notice
prescribed in section 104 of the Con-
stitution. Hon John r. Rev. Of Ac-
comac the other member of the COM
mittee, did not sign the report. as
coming from Judge Blackstone's coun-
ty. lle felt some embarrassment in
dealin: with the matter.
II may be stated. however. that Mr.
Rev will Tot present u minority report.
and that he refrained from signing the
paper presented by his colleagues only
on account of tho delicate position in
which he finds himself placed.
Complex Question.
The debate over tho question of pro-
cedure may take up all Of another day
and when this is finally settled. If the
report OF the committee is adopted
Judge Blackstone will have twenty
which period vote Will be taken in
the two houses on the question of re-
moval.
Mr.. Withers takes the ground that
to give man notice to appear and
show cause why he shall not be re-
moved from office, and then provide no
tribunal before which he can show
such cause. is absurd, and that the
proper method is to require Judge
blackstone TO appear before the joint
Committee for Courtsfo of Justice of the
two houses. He contends that the pro-
cedure in the Campbell case was I'M
proper and unconstitutional, in that n
committee from only one branch of the
General Assembly heard the testimony.
and that the findings would proba biv
have been upset had an appeal been
taken to the Supreme Court on writ
of prohibition.
through Colonel Massie and others. an
swcr that all that is now necessary
In order for the General Assembly to
proceed properly to the consideration
OF the removal resolution is to give
Judge Blackstone twenty days notice
and then await the expiration OF that
time.
In all this controversy over the mode
OF procedure there is buried away
somewhere the very interesting ques-
tion OF whether there will bc an extra
or an extended session, and on this
there is sharp division In both
branches. 1t is ''up to" the Leslsla-
ture on this point however, and one(
course or the other will surely be
adopted.
What Report Contains.
Barring the charges of gross m-
morality and neglect Of official duty,"l
the report OF the committee is favor
able TO Judge Blackstone. 1t might
be said that these are bad enough, and
indeed, upon them his removal is re-
commended, but there are many other
counts In the Indictment OF the Eliza
beth City county petitioners, on all oil
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