The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-04

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sion on March 18th for the considcra-
ton OF the Blackstone matter and for
tho transaction OF any other business
that may come before It. Mr.. Curlett
argued for his motion on the ground
q that tho immense amount of unfinished
business pending before the Legislature
demanded nm extra session.
Mr.. Massie, chairman of the House
Committee for Courts of Justice spoke
at length on the legal and proper man
ner in which to conduct the trial of a
Judge on charges looking to his re-
moval from office.
Many Questions Involved.
Judge Martin Williams offered an
amendment to the committee report
dropping the word only SO as to al
low the Assembly to take UP general
business during the extension. the bills
on the calendar being merely con-
tinued. This amendment was lost
Mr.. Page. of Hanover, opposed the
extra session plan as an expensive and
cumbrous method of securing what was
desired. A three weeks extension said
MIR. Page, would be an abundance, and
q recess might be taken until the
Blackstone report is ready for con-
sideration by the Legislature.
Mr.. Oliver, of Fairfax. replied to
Mr.. Massie. stating that the House had
not yet determined, in constitutional
manner, what the causes of the trial
against Judge Blackstone are. He
cited q number of presidents. including
the Eastern State Hospital investiga-
tion, In which the courts held that the
superintendent could not be removed
on the evidence introduced at the pre-
! liminary hearing without twenty days
notice.
Proposed Substitute.
Mr.. Withers, of Nansemond, advo
Gated his substitute, explaining its diff
ference from the other propositions.
specific charges made the evidence
which might be presented for or
against Judge Blackstone. Certain
points in the legal methods of pro-
-cedure proposed by Mr.. Withers ard
by Mr.. Massie were discussed Mt
length. many cases being cited and
frequent reference being made to the
Code and State Constitution. Mr..
Withers continued
.HThe General Assembly shall through
its committees ascertain alleged causes.
This We have done through our COM
nittee. 1t may not be treated as
trial; It is merely a preliminary hear
ing. We must now serve notice on the
Judge that the General Assembly wiz
proceed TO hear the two charges, i'm
morality and neglect of official duty.
Mr.. Massie's argument that tho Judge
has already HAD his trial does not APP
peal to me. According to his argu
ment we would merely be giving him
twenty days notice that we were go
ing to remove him. without giving him
anything more than the preliminary
hearing. on allowing him his day IN
court. The General Assembly under the
Constitution may remove Judge ior
cause. 1t does not say the Courts of
Justice Committee may do SO. Tho
removal must be- not on alleged causes.
but on found causes, before the Cen
eral Assembly, not by one house or
committee.
"Therefore there must be trial and
a cause round before the General As
sembly, after the constitutional TWEEN
ty-day notice. on the two causes al
legged by the Committee for Courts of
Justice, immortality and neglect of /
duty. Let us appoint our committee
and court now to hear Judge Black
stone on March 18th. On that day the |
Courts Committees may assemble, and |
Judge Blackstone and his friends may |
appear and show cause why he should /
not be removed. The General Assembly |
would be only in constructive session,
and could be brought together to hear
the report of the Courts Committees"
Wanted Impeachment.
Mr.. Page. of Hanover. wished tol
know why. If only the two charges
were TO be considered. the whole Cen
eraI Assembly might not sit, hear the
testimony and pronounce an opinion.
cussion at this stage was merely aca-
senlic; that the charges against Judge |
blackstone had not been specifically |
formulated.
Mr.. ]. S. Craig argued for impeach-
ment. as provided in section 81, rather
than removal, as provided for in sec
ton 1o4. He stated that the latter
section implied that the General AS
sembly as body should be present
while impeachment proceedings would
be before the Senate alone.
Mr.. Curlett, of Lancaster. discussed
the various advantages of an extended
or extra session, fsvor!ng the latter
and stating that the House had a
perfect right to notify Judge Black
stone to appear before the next session
of the Legislature whenever that SEES
Sion is held.
NAT. SuFlel, thousht the state album
dainty able to pay the expenses OF an
extra session; more able, in fact, than
the individual members We're to pro-
vide their travelling EXPENSES.
Mr.. Cation, of Alexandria, objected
to the appointment of the joint com
rnittees to hear the charges until the
case had been made up, likening the
proposition to impaneling jury be-
fore any indictment had been found.
Directing to the proposition for AM
extra session, Mr.. Cation argued that
since all other business on the CAL
endar expired by limitation on the
night of March 18th, when the regular
session adjourned, the present session
could not give notice OF what would
be done in another session. To have
an extra session. stated Mr.. Cation, it
would be necessary to assemble on