The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-27
Sessions Of the Two Houses

- i WV xOACSC
1T behooves every member to ask. is
| there cause for removal, and then to
act In accordance with his conclusion
on this point
Page Substitute.
Mr.. Page. of Hanover, offered the fol-
lowing resolution in the nature of a
substitute:
/ "RcsoI,cd by the Housc Of Delegate.
/ Cthc senate concurrinED Thnt the Cen
eral Assembly proceed to act upon the
charges preferred against j. w. G..
Blnckstone. Judge of the Eleventh Jul
dicinI Circuit, ind that the Committees
| for Courts of Justice OF the respective
| houses of the General Assembly pro-
ceed forthwith to take the evidence of
witnesses with reference to the specific
charges heretofore spread upon the
| Journals of both houses and served
upon said Blackstone, md that said
committees be authorized and cmpow-
cred TO summon and require the at
1 tendance of witnesses both for and
! against said specific charges and to en-
| ploy such stcpoErnphic and other as
I .Istnnce as may lie necessary In the
I premises, and make report without de-
lay
BY Mr. Withcrs.
! The following was offered by Mr..
/ Withers:
1 "Resolvcd by the House of Delegates
I tthc senate concurrinE), That the Co M
/ mittees for Courts of Justice of the
! House and senate shall sit Jointly and
at once take such testimony to prove
or disproye the causes alleged for the
removal from Office of Judge !. w. G.
! HlacISstonc, and report to their respec-
tive houses by resolutions looking to
! such action as they shall recommend.'
Mr. Pages Position.
Mr.. Page said he was sorry to differ
with the majority of the committee
! but he was afraid the proper legal
! course had not been followed. The
member from Hanover went into an
cient history. as had Mr.. Massie, and
| he read freely from the debates of
| early conventions.
| II stand here to say" continued the
! speaker, that this man VIII be re-
! moved by the Legislature, but say
that he has held the scales of justice
with an even hand between the high
| and the low. and when he comes in
here and pleads not guilty to the
| charges alleged against him he is en-
/ titled to twenty days notice to meet
| these charges. | am not here as coun-
| sci for Blackstone. l expect to vote
finally for his removal. but l contend
that he is entitled to an investigation
I in accordance with the provisions OF
| the Constitution.
| THE procedure so far as followed
| here is to my mind like a jury acting
on what they know instead Of accord
/ ing to testimony adduced before them
| He said in order to make the proce-
dure regular and to bring 1t within the
| provisions of the Constitution, he
| would summon two witnesses, examine
| them and dispose of the case at once.
Mr.. Massie wanted to know If Judge
! Blackstone wished more witnesses
would the gentleman from Hanover al
/ low him to have them.
II would allow him to summon as
many as four was the reply.
How would you draw such line?"
was asked.
II would proceed as sensible men
should do in dealing with plain and
simple proposition" was the quick
reply.
! Wtthcrs's Strong Plea.
| Mr.. Withers, who is frequently heard
on the floor, created great laughter
/ by declaring that 1t was with "muct
| timidity" that he arose to take par
in the discussion, and he proceeded tc
| speak to his resolution, which was
quite similar to that offered by Mr.
! Page. The member from NansemonG
commenced by reading from the Con
| stitution to show that no officer how
ever humble, could be removed with
out first having "his day in court"
FIe commended that in order to prop
| erly remove a Judge, he should be
furnished with the charges against
| him, reasonable notice, and an oppor-
tunity to be heard in his own defense
"The evidence which has been taker
! before the House committee" said Mr.
| Withers, us not evidence in this pro-
cedure. Tho Constitution limits the
omnipotent powers of the General AS.
sembly in cases of removal of judges
by saying that they shall only be re-
| moved for cause.
1T is one thing to say that this Judge
1 shall be removed for cause. but it Is
| quite another to say whether that
cause is sufficient for his removal.
You cannot impeach judge fol-
mere personal immortality, but the
Legislature may remove for gross i'm
morality. / hold, however, that the ac-
cused must be given an opportunity tc
come in and offer testimony on the
charges alleged against him.
on,i Vital Error.
THE vital ror made by the Courts
or Justice &C nmttee was to permit
Judge Blackstone to appear and olfe,
testimony priu- to the giving OF the
twenty days. rotice.
Was not that Judge Blackstone's
error, II it was an error?" asked Mr.
Edwards OF tho committee
We'll, charge 1t up to him and the
"Did Judge Blackstone protest
against appearing at that time?" in
/ CURED Mr.. Cox.
mo, sir" answered Mr. Edwards.
IT beg your pardon" declared Mr.
| Withers "he did protest.'
"Ile appeared" observed Mr. Ed
4 ,lnrds, "and by his own testimony adj
nj tilted one of tho charges against him.
ST. Mr.. Withers proceeded with his ar.