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

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be heard and to present testimony in
his behalf"
Would Consult Blackstone.
senator Holt asked the Senate to
take recess until 4 o'clock in order
to allow him to consult with Judge
Biackstones attorneys and ascertain
their wishes as to the Introduction OF
before committee. Senator Hal
sey vigorously opposed the recess
! plan. THE Senate Is here he said.
| "as the sovereign body OF the people"
! 1T doesn't have to take counsel OF
anybody, and so far as I am concerned
| I haven't heard Of any one who desires
to be heard. / think such recess,
with a committee delegated to respect
/ fully inquire into Judge Biackstone's
| wishes and intentions, would be unpre-
cedented and undignifed"
Senator Hollis motion failed
| Senator Echols, OF Augusta. said; II
do not appear here as the advocate of
| Judge Blackstone. He has rights that
should be respected by this honorable
body, regardless OF how corrupt or i'm
moral he may be or may not be. Rather
| than sec an injustice done we
should let this matter be decided on
the testimony that may be adduced be-
| fore this house or before SONG body
| we may delegate, and not take rs
final the judgment of committee OF
another body over whose action we
| have no control"
| Senator Carter. Of Rappahannock,
| said he had no doubt that every word
| that had been quoted az to the conduct
of Judge Blackstone was true, and con-
tinued: But l could not cast my vote
| under the present circumstances for
his removal This man is presumed to
| be innocent until he Is shown to be
| guilty. We are here to sit In Judgment
on man occupying high position on
charges which If proven doom him ut
| terly. He should be given every OPP
! portunity, and this evidence should be
heard before the General Assembly be-
| fore we take such vote. The charges
are evidently very much exaggerated.
| Many of the very charges which have
been heralded through the country
have been found by this report to be
without foundation"
Strobe Supports Report.
Senator Strobe, Of Amherst, stated
that as member OF the committee
which brought in the report he felt in
a position to explain II. II am in ia
| vor," he continued, "of giving Judge
he Is entitled or even for which he may
ask cannot agree. however. with
those members who seem to think that
| there has been any injustice to Judge
i Blackstone"
Senator Strobe. in an elaborate and
carefully prepared argument. traced
the history of the clause in the Consti-
tuition under which the removal pro-
ceedings were instituted, showing how
,
successive Constitution since 1928.
only three cases have in this time
occurred in Virginia" said Senator
| Strode when the Legislature has been
forced to resort to this relief. These
are the cases of Judge Shumate. in
Fauquier; Judge Stevens, of Nelson, and
Judge Campbell. of Ami erst."
The first step when charges are
brought by citizens against the con-
duct or ability of a Judge is the ques-
ton Of impeachment or removal pro-
4 ceedings This must be decided by
the House of Delegates, since the House
of Delegates must II the charges prove
of sufficient gravity, prefer charges
before the Senate sitting as court. in
this case the House committee has In
vestigated the charges and merely
recommends the removal of Judge
/ Blackstone for certain specified causes.
The history of the three former cases
was traced at length, the proceedings
! of the Shumate case, which We're
\ parallel to the present one, having
been upheld In the Court of Appeals
4 The charges against Judge Stevens
of gambling. in the city of Richmond
We're found sufficient cause for his re-
moval. although no charges We're
brought against his standing in his
! home county" said Senator Strobe.
/ The evidence in this case has been
/ taken. as it should have been taken, in
the presence of Judge Blackstone and
his counsel, and his counsel have had
the opportunity and have exercised it
/! W ss-examining all the witnesses.
| DR.. Gravatt, of Caroline, asked the
/ meaning of the word proceedings" il,
\ the last clause of the committee re-
| port which reads, The committee
/ recommends that proceedings be taken
for the removal of Judge j. W. G..
Blackstone
i Constitutional Limitations.
/ Senator Strobe answered that there
were three limitations on the, action
of the egslature-First. the }givins
of twenty days notice before taking
i action; second, the filing with the ac-
cused copy of the charges alleged
and third the spreading of this action
on the journal Of both houses" If these
three requirements are met with there
! isn't any court in Christendom that
can call into question the action taken.
The Senate concurred in the proceed
inss. made them a joint action when
! 1t concurred in a resolution author
izing the House committee to summon
| witnesses. and providing for the eX-
| penses of that hearing.
The twenty-day notice was intended
to prevent hasty or partisan action.
! and further to permit the accused, by
the filing of an answer, to ask for a
/ hearing should he desire it. The fun
specified charges were filed with the
notice. The accused has been given
the opportunity to take up the charges
one by one and discuss them. lie does
I nothing but raise the issue by sendlng
a general denial his answer stating
in effect, that he admitted the evidence.
4 against him as substantially true, or at
least not denying the statement of a
4 single witness, he seems to take the
ground that as a question of law such
charges are not ground for removal
4 Senator Carter interrJptod IN n sl<