The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-02-09
WOULD BLOCK ALL
LEGISLATION NOW
Extraordinary Report Of House
Committee as to Investigation
and Discussion in Lower
Branch Yesterday Was
Only Feature of
Day.
ny LEWIS II. MAcHEN.

Az The Capitol yesterday the Senate
Sas in state OF quiescence after the
long debate over the Richmond. Fred
eicksburs and Potomac repeal bill, the
only measure passed being that re-
lating to the inspection of commercial
fertilizers.
In tho House come things of much
Importance occurred. BY q unanimous
vote the resolution proposing an
amendment to the Constitution extend
ing the length of the legislative ses-
sions TO ninety days. with sixty days In
which to introduce bills, was adopted
A similar resolution passed both
houses t the last segsion. but was
not published, as the Constitution re-
quires. because Of alleged defects In
The manner of Its entry on the Senate
journal. Every time the Legislaturs
meets and tries to conclude it's work in
sixty days. II becomes more and moro
apparent that the thing Is impossible
Nobody could come to Richmond and
witness the frantic and fruitless strug-
giles of the members TO transact their
business in the limited time, with any
thing approaching completeness with
out saying that the time should he ex-
tended, unless. indeed. he were blinded
by prejudice.
A few people who know nothing OF
the character and amount of the work
the Legislature is called upon to do.
set UP their opinion against that OF
hundred wiser people, who know
thousand times as much about the
subject. There are a good many COM
mon scolds in the State who abuse the
legislature Unfortunately for every
thing II does. for not doing enough and
for doing too much. The cracking of
tborns under pot is music to the
braying OF this class.
Extraordinary Report.
The evil of the present restricted
session was never more forcibly Illus
trsted than by the extraordinary report
which the House Committee for Courts
OF Justice made yesterday on the res
nlution regarding the charges against
Judge Blackstone. The report in effect
says that the charges should be inves-
tigated. but that II would be inconve-
njent TO Investigate them at this ses-
sion. though the session is only half
over. In other words. the Legislature
should do something TO purify the judi
ciary OF the State from serious charges
against ii, but will not put itself out
to do SO.
Yet, in fairness be it said. there is
much temptation for the Assembly to
REFUSE to turn aside from its strictly
Legislative work, of which 1t has more
than it can possibly do. for any cause,
that IL the charges against Judge
blackstone can be sustained there is
no way in which the General Assembly
can properly refuse to act The intes-
rity of the Judiciary is too important.
and the rights of citizens are too sa-
cred to permit the Legislature to neg
,ect an admitted duty for the sake of
it's own convenience, or even OF Ills
own efficiency in other directions.
rha fa fhe House was nearly
al, about removal proceedings. but the
resolution in terms contemplates i'm
neachment The charges. II sustained,
are grounds for impeachment. made
so by the very words of the Constitu-
tion.
If they are not sustained. Judge
Blackstone should be neither impeached
nor removed. 1t is objected ina. I'M
peachment carries with 1t disaualitica-
tion for Office, but If the charges are
true he is practically disqualified al
ready. and should be legally disquaii-
fed 1t is not case in which the
Legislature can afford to be squeam-
ish or indulge in hair-splitting dis
tinctions.
One Way to Do 1t.
From the very embarrassing and
delicate situation in which the General
Assembly finds itself there appears
to be only one way of escape. The
House could appoint committee of its
own members to investigate the
charges, and If prima facie case is
made, to formulate articles of inn
parchment, to be adopted by the House
and reported to the Senate. with the
request that they be tried in the vaca-
ton of the General Assembly. This
the Senate could probably do in two or
three days, II not hampered by other
business. The proceeding need occupy
but little of the time of the House
and none of the time of the Senate a
this session. No notice is required OF
the proposed action of the House Il,
preferring articles of impeachment
(whereas. twenty days notice is re-
qured for removaD; but few ,lavs.l
notice might be granted out OF cour-
tesy and fairness. The committee would 1
not investigate the case, but would !
only determine whether the articles1
should be preferred as grand Jury
finds an indictment. There should he
no members of the Senate on the
committee. because they must after
ward sit in a judicial capacity, under
oath, to try the impeachment as mem.
bers of a grand Jury who find an in-.l
dictment should not afterwarl sit on
tho petit jury to try the case.
plan of this sort would Interfere
very little with the business Of the
Legislature at this session, and would |
fully answer the requirements of the
case
II may be objected that the matter
should not he taken out of the hands
of the Communications Courts of Justice
Nobody doubts the ability of the mem.
bers of that committee to deal with /
any question fairly Within their PROV
ince. That province is administrators |
and not inquisltoral. They say what |
laws should he made and how enforced; ;
but they have no more inherent right |
to say whether a Judge shall be i'm.
peachcd than they have to say whether