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


legged confusion as to causes and
charges, the former contendng that
there was no difference between the
two terms.
SUPPOSE this Legislature shall say
n.y. ! shall help to say" continued Mr..
Witlcrs. that Judge Blackstone is an
Improper man for Judge and proceeds
TO elect his successor; suppose. then
writ OF quo warrnnto. the. Court OF
Appeals VIII have to determine wheth-
ell. or not he has been properly remov-
ed from Office. The resolution
and ] wish to see It cured, so that
when we take the final vote the case
Will be ended"
Afternoon Session.
Tie chair was vacated at o'clock
until $3.50 +. NJ. and when 1t was re-
sumed MIR. Withers was recognized TO
conclude his argument In favor OF his
resolution.
views set out at the morning session.
when he and Mr.. MassIe became in
VOWED In another running debate over
some points upon which they disagreed.
ana, finally, Nj Churchman wanted to
know who had the floor.
up to this time" said Mr.. Withers.
we have only ascertaincd alleged
causes causes for the removal Of Judge
blackstone, and my idea would be to
have the Courts or Justice Committees
SIT and hear evidence to determine
whether these alleged causes can be
es.apished. This testimony can be
taken within twenty-four hours. and
/ u we proceed In this manner the ac-
I tlon or this General Assembly in re-
| moving Judge Blackstone will be final,
! nul u we proceed as is proposed in the
! T,eport of the Committee for Courts OF
Justlce he may remain on the bench
ior two years, when 1t Is the Will of
the General Assembly to remove him.
rs not to save Judge Blackstone
that | am making this argument. but
| precedent here which will rise I'm 10
haunt US IN all the years to come"
n Mr. eaton, of Alexandria. followed
re opposed the report OF the commit
tee: and spoke in support of the reso-
| luton offered by Mr. page. He ridi
culed the assertion made by sorne mem
| BET of the committee that the two
houses could allege as a cause that
the accused was redheaded and proceed
to remove him or that. and he do.
ciared that the matter was n serious
one, and should be treated seriously.
Judge williams Speaks.
re spoke briefly along tho line fol.
lowed by Messrs. withers and Page.
and the next speaker was Judge Nar,
TIN Williams. Who spoke strongly in
support of the committee
Judge Williams contended that the
evidence adduced before the House
committee was legal and proper eyi
dence, and that Judge Blackstone had
been given the benefit OF every con-
stitutional remedy to which no was
sntitled Ho earnestly advocated the
immediate adoption Of the report and
declared that nothing was necessary
now Tor a constitutional removal save
the adoption of the report bv the two
houses He wished to proceed reeu-
larly. but his contention was the pres
ent method was regular and that no
further time need be taken. Ha was
perfectly satisfied on this point, and
ri n n
| Mr.. Byrd tMr. Stubs in the chalr)
advocated the report OF the committee
Mr.. speaker he said in opening
when LAWYERS disagree 1t is time for
| sense
+ He combated the idea that the Leg
islature should proceed as a court. and
contended that the procedure was
purely legislative in its character.
The learned Judge who is the de-
| PENDANT here" he continued. was
careful in making his answer to nut
in plea in bar, because it was i'm
! portant for him to take this course
| II we follow the procedure which his
answer calls for. he could keep the
sergeants at arms of these two houses
going over the state for months and
months looking for witnesses. for there
! is no authority to limit a defendant
summon.
Warned Against Trap.
| IF we are court we must act as
| a court, and IL We act as a court we
will not act at all. The learned judge
who made this answer knew that II
we went into this trap the session
would expire without action, and he
would remain on tho bench 70. the
| next two years.
When the Legislature does what the
Constitution tells it to do its power
| in these cases is omnipotent, and it
may remove a Judge for any cause It
may allege So far as I am concerned.
| I favor the report of the committee.
I am ready TO act. and I want TO act
now.
| The Constitution provides two
! things. One is to give the accused
| judge notice and the other to furnish
| him with copies of the alleged causes
| of removal. and having done these
| two things the Legislature takes juris-
dction in the case and acts upon Its
own responsibility. do not acknowl
edge any responsibility to the Supreme
Court. but If we should be reversed
| all can say is. have done my duty.
shall not discuss the evidence in this
case. but / will say that l consider 1t
of such nature as to warrant me in
voting for the removal of the ac-
| cused Judge"
Mr.. Byrd was interrupted by several
members and his replies were quick and
pointed.
When doctors disagree" he said.
there is Cnance 1Or human ilie, anu
when lawyers disagree, there is
chance for the eruption Of common
sense into the situation"
In answering Mr.. Montague as to
whether the evidence in the case was
before the General Assembly he de-
clared amid laughter
you know as much about 1T now
as you will know If you live hun
dred years, and you know that every
body knows you know it. That Is
where common sense comes in
Thrift Concludes.
THE people of this State believe that
| a Judge who has done that which this
Judge has done is not fit to wear the
judicial ermine. and that 1t should be
taken from his shoulders I am in
favor of taking it from him now. and
l trust the House Will adopt the report
presented BY the gentleman from
Richmond city Mr.. Masse."
Mr.. Byrd was roundly applauded as
he concluded his speech. and he was
followed by Mr.. Thrift. who supported
! the report of the committen in an able
Illegal argument OF. some length.
| II contend this he said, whether
Inherently this Is legislative qnes-
ton or not 1t Is made SO by the Con-
stituton. Gentlemen have said We
cannot use this evidence, because there
must have been twenty days notice
! - 4 NJ. lLo.,. Il II