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


The Rev. DR.. F. 7. McFaden. of the
First Presbyterian Church, offered
prayer in the House and the dclibera-
lions OF the body were presided over
by Speaker Richard Evelyn Byrd Mr.
West. of Bedford. inquired II the
Courts OF Justice Committee was ready
with a report on the Blackstone mat
ter. and the chair replied that lie WAS
in possession OF no information on the
subject Mr. Page, of the committee
said the chairman, Mr.. Massie, was out
OF the House for the moment. but that
he would appear in a short while and
present report.
Mr.. Massie came In moment later
and submitted the following report
and accompanying resolution of re-
moval:
"The Committees for Courts of jus
ticc for the House and Senate. In Joint
meeting, respectfully report that in the
opinion of the committees the General
Assembly may proceed at once to act
upon the rnuscs alleged for the removal
of Judge j. w. q. Blackstone, judge OF
the Eleventh Judicial Circuit, and IL
satisfied of the existence and suficiency
OF said causes, may at once remove him
from office ms Judge of said circuit by
concurrent vote of II minority of all
the me bers elected to both houses of
the General Assembly.
"EUGENE C. MAsSIE,
.Chairman."
"Reso1ved by the House of Delegates
the Senntc concurrinEp, T.-Thnt Judge
j. W. G.. Blackstone he. and he is here
by, removed from Office ms Judge of the
Eleventh judicial Circuit of Virginia,
for the following causes. Gross immo-
ruIity and neglect of official duty. nv
set forth In the report of the commits
tees.
mJ.-Thnf this resolution he spread
at length upon the Journals of both
the House OF Delegates md the Senate
Masslc Opens Up.
81 do not know whether this House
desires any extended discussion of this
question: said Mr.. Masse in speaking
for the report but l do know that
there is not perfect unanimity of
opinion on the subject.
.'It may be proper. therefore. for me
to review briefly the reasons which
led the majority of the committee to
their conclusions"
Declaring that the conclusions were
based upon section 1o4 of the Constitu-
ton, which had come down from
former organic laws of the State. AIR.
Massie proceeded TO argue strongly
that the procedure had been regular
and that all that was left to be done
was to take the vote in the two houses
of the General Assembly.
Mr. Massle explained at length the
occasion for section 104 providing for
the removal of judges and he dwelt
upon the right of the Legislature to
remove in the present case without
further evidence for or against the ac-
cused Judge. The chairman had before
him the debates of the convention of
1S29-1s30. and he referred to them
many times during the course of his
speech. From these debates he showed
that there were many causes for which
Judges might be removed, and that the
ascertainment of these causes We're
wholly within the hands of the Legis-
lature. Among the many causes laid
down In the books referred to We're
age. disease and others, and TIL" speaker
said that no other body save the Leg
islature could properly ascertain them.
Not Sitting as Court.
1--WE sit here to-day" he said. "to
determine whether Judge Blackstone
shall be removed say we are not
sitting as q court, but as a Legislature.
We are not competent to sit as court.
THE men who made this Consttu-
ton had some sense. 1t was never
contemplated that. we should sit here
and take testimony and determine this
matter by judicial procedure"
Judge Williams wished to know how
the testimony taken by the COMMITTEES
could be officially transmitted to the
members of the General Assembly, and
Mr. Massie replied that 1t had come
through the report Of the committee.
1.-THE sole question for this House is.'
he declared. /" are you satisfied that
there are causes sufficient for the re-
moval of this Judge?
when section 1o4 was put into the
Constitution. 1T was done to provide
some method Of removing Judge other
than by Impeachment. There is no
doubt that we have proceeded properly
and that we have followed every pre-
cedent in this State.
mo court can review our action eX-
cept to ascertain whether causes wero
found by the Legislature; whether the
accused was given twenty days notice.
and whether these causes We're spread
upon the journals of the two houses,
Cannot Inquire.
"Can the courts inquire into the mo-
tives OF the Legislature In finding
these causes? They have said out OF
their own mouths that they cannot.
This article of our Constitution was
put in for practical purposes and to
pcAAilit tHc lIeS' " Iei'loNc
Judges. If we take the other view
It would be impossible for the Legis-
lature ever to remove Judge. Talk
not to me about your legal critics l
care not for them. We are here to
discharge our duty to our people, to
our State and to our God, as we see it,
I say that the convention, when it put
section 104 in the Constitution, 1t meant
to do something practical and to per-
nit practical action by practical men.
There Is no plea here that any injus-
t!ce has been done this Judge. Fills am
swer Is simply that of a lawyer x ~,
/. In AZ x,,.o >ti in on inS ~ WI L