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


filed an answer, but that hls answers
did not specify any particular in whioh
the evidence against him was false.
Blnckstone,s Admissions.
Senator Keezell asked X tho reply
of Judge Blackstone that he was not
guilty waste BIO taken that his admis-.
sion of immortality before tho COM
| mittee was not true, or that such de-.
linquencies were not such forms of
immortality as he should DO removed
from office for.
Senator Eeezell discussed the an
| swer OF Judge Blackstone, holding
| that 1t was not denial OF 4 question
of fact, reading from the record OF the
committee hearing showing whera
Judge Blackstone admitted being
guilty OF acts which are commonly
| held to be immoral. II take his answer
to mean that these acts are not sufft.
clently guilty to justify his removalt
and there I Disagree with him. Wa
must require of our Judges bameless
| private life as well as a. faithful offs
clal administration. When we vote I'd
remove judge who has so far for-
| gotten his high office as to be guilty OF
|
| step upward in the purity of official
| and personal life In Virginia."
| House Passed 1t.
Delegate Massle announced that tta
| House had passed the committee report.
| with joint resolution removing judge
| Blackstone from office for immortality
| and neglect OF official duty, and tho
| resolution, together with the full res
| port of the committee, was read by
| the clerk, while the galleries filed uH
| with those who had seen the conclus
sion OF the fight in the House, Judge
Blackstone returning to back seat in
the gallery to watch with stolid and
| unmoved face the final scene in hts
fight before the Legislature.
Judge Mann for Removal.
Senator Sims moved that his reso.
luton on the clerks desk be adopted
as a substitute for the House action,
his resolution having the effect Oh
| referring the report back to the con-.
mttee and granting Judge Blackstone
a further hearing with witnesses.
Judge Mann opposed the Sims subs
stitute, denying that the twenty-day
notice was given for the purpose OF
defense. or of allowing the accused To
Introduce testimony in his behalf. Tile
twenty days notice under the Constr
i tuition is not before the trial OF the
-
amined,' said Judge Mann. "but in thu
terms OF the Constitution Itself. Tho
/ judge against whom the General Az
semply may be about to proceed shall
have notice thereof, accompanied ~
a copy of the causes alleged for his
removal, at least twenty days before
the day on which either house OF tho
General Assembly shall act thereon
Judge Manns Argument.
Judge Mann argued that the twenty-
day notice was provided to prevent
discovered evidence. THE time has
elapsed" he stated. There is no ap-
peal here to admit other evidence. So
long as the constitutional requirements
are complied with. no court has a
right to review our action, the Legis-
lature having beer given distinct con-
stitutlonal right TO remove a judge for
cause. The General Assembly is left
| TO decide in its discretion, as the peo-
pies representative. what is cause. In
my View, however trivial the cause as
| signed, no court would have a right
10 review 1t other than as to whether
the constitutional requirements have
been complied with
/ Judge Mann said that from PERSONAL
practice i'll Judge Blackstones court, he
could testify to his honesty. ability ana
-
er and testify to his moral fitness But
the high reputation of the bench OF
i virginia Is of greater import than the
interests of one man, who has fallen
from tine straight and narrow way.
While / shall vote in sorrow and re-
greet, hold 1t as duty to keep pure
and spotless the robes of our judict-
ary."
Senator Noel, of Lee. said he was
/ convinced that the Senate was about to
commit a great constitutional blunder.
! urging the Senate not to be swept
away by the eloquence of the Senators
from Nottoway.
/ For Political Effect.
We are told that this twenty days
/ notice IS not given to allow the Judge
to give an answer, but to allow cool
ing time Were this the intention, in
stead of serving on the accused no.
tlce, the Constitution would have pro-
vided 10 action shall be taken for
twenty days.
Ii we adopt this resolution. we set
a precedent that may do infinite harm
rs not this removal being forced for.
political effect?" Numbered the Repub-
/ lican floor leader. rs 1t not being donp
because on one occasion the accused
Ijurist had the audacity to criticize the
/ Governor of Virginia?
Il =
pose some such reason as this were
true.
IF we lay down this precedent, how
do we know that some political clique
may not some day turn out our judges
on alleged causes without debate and
without giving them an opportunity to-
be heard?
Where has this committee sat ia
hear the testimony offered by the ac-
/ cused since serving him with this no.
j tlce? l hold the precedent dangerous
one. and the proceedings a constitu-
! tional blunder"
Senator Sims closed the debate with
an able argument for his substitutes,
| after which Senator Lassiter called the
previous question. The Sims substi-
4 tute was lost-ayes, 10; noes, %. Those
supporting the substitute measure for
granting a further hearing to the ac-
cused judge We're Messrs. Carter
Echols. Gunter, Hobbs, Holland, Holt
/ Rison, Saunders, Sims and Thornton.
The Final Vote.
The roil-call was then ordered on