The Washington herald., 1908-03-27
VOTE TO GUST JUDGE
Legislators Almost a Unit in
DepOSing Blackstone.
SENATOR NOEL CAUSES STIR
Virginia Senate and House of Dele
gates Remove Jurist from Bench of
Eleventh Judicial Circuit-BIacIx-
stone Declares Fight Is Not Yet
Ended-CaIIs it Illegal.
snecinl TO rh. washington Herala

| Special TO The Washington Herald
! Richmond, Va, March 26.-After argu-
ing throughout the entire day on the
method of procedure to be followed. the
house late this afternoon voted TO remove
Judge Blackstone from the bench OF the
Eleventh judicial circuit, and an hour
later the senate concurred in the resolu-
ton.
There was but one negative vote to the
resolution In each house. even though
several Of the delegates lodged into the
hall and averted the issue just before the
names were called. The resolution as
adopted was that which was drawn by
the majority faction of the committee.
The evidence on which the accused
jurist was removed was not heard. ex-
cept by the house committee. and those
defending the minority resolution held
that their report was simply to sustain
the alleged charges. and had no bearing
whatever on the charges as preferred in
the recommendation for removal
Senator Noel Makes Charges.
Senator Noel, OF Lee, who preferred the
charges against Judge Rhea, caused the
Democratic Senators TO look up and take
notice when he said that there has been
some suggestion that these charges
against Judge Blackstone grew out of
his aUdacity to criticise Gov Swanson.
He added that II Judge Blackstone was
removed hastily, and this fact got abroad,
no telling what might De the results Con
tinuing, he said thai he did not mean 70
intimate that such circumstance had any
thing 10 do with the charges, or any OF
the votes. But he dared make the refer
ence, and a general murmuring hoated
through the senate chamber.
A singular thing about the vote was
that the lone vote against the removal.
in the house. was cast by Delegate Suth-
erland. Of Dickinson and Wise counties
1t was asserted afterward that he had
said that he would not vote 20 remove
Blackstone when the Democrats had put
a man like Judge Rhea on the corpora
ton commission. Senator Carter, of Rap
pahannock. cast the vote against removal
in the upper house.
Judge Blackstone Is alleged to have said
after the vote had been taken on his re-
mOval. that he had no malice In his heart
toward any delegate or senator. and that
he was glad 10 believe that each one
voted for what he believed TO be just and
according 10 the dictates Of his con-
science.
Judge in the Galleries.
Judge Blackstone was present in the
galleries when the vote was taken in
each house. and during the entire day he
listened to the argument OF the dele
gates
In an interview tonight Judge Black
stone said: 7 don't propose 20 state the
method by which l viii proceed, but the
fight is not ended. l don't acquiesce that
this judgment is final and viii proceed by
appropriate let.al means 10 protect my
self. 1 do not consider thar I have been
removed by lUe process Of law"
The legislature viii sit IN joint caucus
tomorrow for the purpose Of electing a
successor TO Judge Blackstone. The con-
sensus OF opinion tonight is that either
Ohio F. Lears, Of Accomac, or n W
Westcott, Of Northampton. viii get the
appointment All other candidates for the
position have withdrawn. with the excep-
tion of + Z. Montague. OF Hampton. and
$. W Robinson, OF Newport News I'm
mediately after the election the legisla-
ture Will adjourn sine die