The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-27

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6zEM lREFUSE SUBSTITUTES.
ate that he had seen one of the coun-
sci of Judge Blackstone and had noti-
fled him that IL they had anything to
| say or any further reply to make he
would state 1t to the Senate Judge
Blackstone's counsel replied that he
would consult with the Judge and meet
me here at o'clock with an answer.
1t is now 400 and 1 take 1t they have
| nothing further to say" Senator Holt
| was Informed by some one that Judge
Blackstone was Just then entering the
| Capitol grounds, and few moments
I later the gray head of the accused
| jurist was observed in the Senate gall
lery, Judge Blackstone going later to
/, the House, where n discussion of the
| same topic was raging.
Senator Hart, of Roanoke, spoke
| against the Sims substitute. saying
that the Senate was not trying Judge
| Blackstone for any charges, that the
constitutional right. Judge Black
stone has been given an office by the
| Legislature of Virginia. 1t Is now no
longer proper or expedient that he
| should continue to hold that office. re-
gardless of what kind of testimony
| he may hereafter introduce. He has
not tried to refute the evidence, but
has admitted before q committee of
the Legislature that he was guilty of
an act of gross immortality. I would
not injure Judge Blackstone under any
consideration, but the people of Vir-
ginia are more to be considered
Senator Halsey. of Lynchburg. adj
dressed the Senate in support of the
resolution presented by the Courts of
Justice Committee. holding that the
| proceeding was a Legislative matter
only, not in any sense trial. THE
Legislature is not sitting as court.
nor are we bound by the proceedings
of courts. In one instance. and one
only, impeachment proceedings. does
one branch of the Legislature sit as a
court. The Legislature acts in leg
islative manner when 1t elects judges,
and II so acts when II removes them.
Section 10+ of the Constitution has in
mind summary Legislative procedure.
Legislature Supreme.
when the Legislature acts under
/ section 104. no court has a right to re-
view 1t any more than it has right
to look into the causes which impels
the Legislature to pass any other
measure. Had Judge Blackstone had
any defense, he would have set it forth
! at length in his answer. He merely
makes general denial of charges.
some Of which he has already admitted
in the committee room. Much more
important matters than the removal
of a judge, matters affecting the lives.
| liberties and welfare of all the cit
liens of the Commonwealth are acted
i upon every day while we are here.
without one-half of the consideration
i which We have already given to this
: unfortunate case.
The Governor, as head of the execu-
j tive department. has the appointment of
certain classes of officials. and he may
also remove these officials without go
ing through a judicial proceeding.
There is no question as to the truth
! of these charges. The most serious
one OF them has already been admitted
by Judge Blackstone himself. Once
| we summon witnesses here We admit
that we are acting as court, and
are bound by the rules of court proce-
dure, resulting in varying entangle
ments. Judge Blackstone might reply
that he was sick or that a material
witness was absent or give various
reasons for an indefinite delay in the
hearing, necessitating an extra session
of this body which might last for
months. No judge has ever been re-
moved in the State of Virginia except
as we propose to remove this judge"
4 Senator Halsey proceeded to review
4 the Campbell case. He was interrupted
by Senator Echols. who asked whether
1T was not true that in the Campbell
case Judge Campbell had his twenty
days notice before the House Commit
. tee went into the hearing-a hearing
which occupied SIX weeks. Judge Mann
1 replied that this was not the case. and
I read from the record showing that
Judge Campbell had not been served
with the notice until after the commit
tee heard witnesses and reported rec
ommending his removal
Senator ETalsey continued: THE Leg
islature can remove any Judge after
twenty days notice, and no court can
go behind the alleged causes. We have
the legal and the moral right to re-
move this judge on the information
we already possess. and having 1t, it
4 is our duty to exercise IT,
Senator Carter Replies.
4 Senator King said that circuit Judges
held their offices from the Legislature
as the representatives of the people.
"They are the creatures of this body.
Were the Constitution silent as to their
removal, | hold we would still have
power to terminate their term OF office
for cause" lie argued
4 But the Constitution distinctly pro-
vides that after a cause for removal
has been definitely established, and ar
ter twenty days notice that the Leg
islature is about to act on the re-
moval, and when the causes have been
spread on the journals OF both houses
all the constitutional requirements
have been complied with, and 1t only
remains for us to take the final ac-
ton"
/ Senator Carter, of Rappahannock.
argued at length against the commit
tee report, saying that all of the evil
dence was taken Independent of the
Senate of Virginia. How are we to
take that evidence as true when we are
confronted here with Judge Black
stones answer, which is denial OF
the charges? Judge Blackstone has
come here with q denial of the allie
cations, and the burden of proof Is now