The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-06-12
WELLSMADE JUDGE
BY APPOINTMENT
Attorney-G General Says This Re-
moves Doubt Of Validity
of Court.
QUESTION NOW is SALARY
Apparent Doubt as to Which
Law Applicability Situa-
ton Avcrted.
QUESTION NOW is SALARY

Governor Mann has appointed and
commissioned Judge Ernest II. Wells,
former judge of the Corporation
Court of the city of Manchester, as
judge of Hastings Court. Part 2. of
Richmond. This action has been ac-
cepted by Attorney-General Samuel w.
Williams as settling the validity or
the court. and he has so notified the
Auditor OF Public Accounts.
While Judge Williams has never at
any time made any statement regard
ing this matter, except his formal
opinion to the Auditor. 1t may be rea-
soned that very serious situation has
been averted. City Attorney Henry r.
Pollard, Judge Wells himself and other
lawyers. have asserted positively that
in their opinion the court is and has
always been valid. 1t Is evident that
Judge Williams did not take this view
of the case. since in his written opin-
ion he gives the appointment by the
Governor as the reason for the re-
moval of doubt as to the legality Of
Hastings Court, Part g.
Doubted Legality.
The conclusion Is therefore appar-
emily logical that the Attorney. Cen
eral doubted this legality, since. had
he agreed with the attorney who drew
the consolidation ordinance. there
would have been no occasion for APP
pointment of the judge nor was there
any one to make such demand or
suggestion of the Governor.
On all sides this termination of the
case Is regarded as satisfactory 1t
removes the last vestige of doubt as
to the existence of legal court in
what was once Manchester. and as to
the regularity of all OF Judge Weiss
decisions. OF course. inaSmuch as he
has been acting judge prior to the APP
pointment, the official actions of the
court de facto will stand.
Had Judge Williamss decision been
| that the court was illegal. which may
be argued from the facts would have
been the case except for the appoint.
ment, much confusion would have
arisen. The matter would then have
| gone to the Supreme Court on writ
of mandamus involving the salary.
Question Now of Salary.
While, however, the serious question
as to the courts validity has now been
settled. there still remains the doubt
as to the amount of salary to be paid
Judge Wells by the Auditor. The
opinion of the Acknowledgement is not
explicit apparently on this point He
tells the Auditor you need make no
further question as to the payment of
his salary. as other Judges of the courts
OF the city of Richmond are paid under
the laws of Virginia"
Now other judges of the courts of
the city Of Richmond are paid $500 a
year by the State. under the laws Of
Virginia" The judge or the Corpora
ton Court of the city OF Manchester is
| paid $4,000 by the State under the same
laws Which law applies?
| This must apparently be figured out
by the Auditor. However, the matter
| is now narrowed down to the personal
| interests of Judge Wells, one citizen
| and officer. while under the status
| prior to the opinion of yesterday, 1T
| might have concerned great many
| of the citizens of the consolidated city.
Formal Opinion.
| Judge Williams's written oninion.
addressed to Auditor Marye. is as fol-
| lows:
"In the matter referred to me in re.
| gard to the salary of Hon. Ernest Fl.
| Wells, Judge. l advise as follows:
Judge Wells has continued to per-
! form the functions of his office, and
| all OF his judicial acts under the law
| are valid. and all the judgments and
| proceedings of his court are legal anc
i binding.
"All possible doubt which may have
existed as to his tenure OF office has
been removed by the action Of the
Governor in appointing and commits
sioning Judge Wells as judge of the
| Hastings Court. Part 2. OF the city OF
1 Richmond, and you need make no fur
| Their question as to the payment of
| his salary, as other judges of the courts
of the city of Richmond are paid under
| the laws of Virginia"