The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-07-31
Governor Names Mayor
Richardson as Judge
Wits Successor.
ACTED QUICKLY
TO AVOID CLASH
Announcement Came as Utter
Surprise, While Lawyers Were
Preparing to Hold Caucus.
Bar Must Act by Pc
tition or Not
at All.

Announcement was made Yesterday
Governor Mann tina, Nc nad de-
'ermin,d to appoint Dayid Crockett
Richardson. MAYOR OF Richmond 10 lie
rdse ci the Hus,ings COURT OF INC
cita rne commission. said tho Gov
-inor would not bo issued ,rom the
ciilce of th. Secretary ~ tao Common
wealth for At least a week cut Of
y W't, The statement as to the sp-
roiniment was made yesterday Ia order
70 f0restail tine selection of Judge
by the bar OF Richmond
This commission Will be for the un-
expired term OF Judge Witt. which
will end on February ] next Ii will
tneu b. necessary for tho Governor 20
reappoinf Judge Richardson. shoild 10
accept and qualify at this time. for
tho new term of eight years The
Inter appointment XIII sold until
thirty days after the meeting Of the
ueNt General Assemble IN January.
1901. and that body Will then elect
Judge on joint ballot /, Is rare
that Legislature fails 70 ratify the
choice OF judge made by the Exc
cutive.
Choice n surprise.
The news OF the determination II
thu Governor TO appoint Aiavor Rich-
ardson. VINO has had long record Of
public service as Police Justice and
Commonwealth Attorrey before ne
became the city's executive, came "a a
complete surprise. r had been fully
expected that tho usual course would
be followed. Il has for years been
customary in Richmond 20 have meet
'ngs If the bar OF ,he city. At Which
all ATTORNEYS who pay their state
license taxes arc qualified to take
part. At such caucnses the candidates
for Judge arc voted uDon by ballot
and the aspirant who FIRST receive
. majority OF all votes cast is recon-
mended 10 the Governor for aDpoinf-
meni r-n me iniotserent ci th~ hti
OF the city. 1t had been intended 81
hold such a meeting the latter part
of this week
But 1t seems that this practice has
been abolished by the Governor. 50 far
As tho present term l. concerned His
action Of Yesterday has eliminated he
tar from the selection OF a fudge for
a city court. As long q II adheres %
the caucus plan As a result. ma ny
of the lawyers Of the city were criu-
cal Yesterday ~ the Governors action
in ignoring them
Assumes His Rights.
Governor Mems reasons for his sc-
ton seem sharply defined 1t is IN
derstcod that hs takes the position
that the bar Q: Richmond. by nomi-
mating fudge in caucus has heen de-
Driving him 81 his constitutional right
and duty OF appointing occupant Of
judicial chair In this city.
The name OF any lawyer presented
10 him as result 81 caucus OF the
bar has been perforce accepted. should
he apnoint any other attorney. the ap-
nointee would decline TO accept. under
lin. circumstance. This leaves tho Gov
ernor powerlAss. and. while he would
H.. held responsible for a mistake. he
is entirely prevented from doing what
the Constitution saws he shall do
make the appointment in case Of va
oancy. in which he would DC presumed
to use his judgment
Governor Mann 81 IS gathered. saw
tina, the only remedy for this situa-
ton wAs 10 anticipate the bar ana ap,
point Judge before the attorneys had
a chance to register their selection.
This remedy he seized upon Yesterday.
Use Petitions Elsewhere.
Richmond. il seems is the only city
or locality in the state where the law
vers meet In caucus anc select by bal
lot, In all other instances. each can
didate secures such Endorsements as
he can. and all papers are forwarded
to the Governor for his choice. He
then makes the appointment accord
ing to his own iudsment
1t is possible. say those who uphold
Inc GOVERNORS action. that one aspi-
rant m gnt have twenty men upon his
petition who could outweigh in i'm
portanco and in practice another wao
might secure 100 Endorsements In
this event. tho Governor would he in
position to look over the list OF sisners.
which he canno, do in case OF selection
by caucus.
The evident uliimatnm Is that II it
will indicate its choice by petition. the
bar OF Richmond VIII be considered.
Otherwise. it viii not
In the recent caucus held to nomi
nate successor TO judge Cirinnan of
the Chancery Court. Governor Mann
caused = sensation by sending mes
sage TO the effect that while he would
consider ans Endorsement made by the
bar OF Richmond as highly persua-
sivc.' he did not desire to be under
stood as continuing the precedent OF
appointing whoever might he select =
cd or as giving up his rights and pre-
negatives under the Constitution
Judge Robert G Southall. OF Amelia
is now sitting In the Hastings Court.
hy designation OF the Governor He
VIII. /, IS understood. clear IN the
principal business OF the court hy sat
rday OF this week and win then al
iourn 10 August %. on which dav the
new Judge will ascend the bench
Governor Mann said Yesterday tina
no one had prcsento, To him tho nam
Of Mayor Richardson ITc used mis- own
Judgment
81 5o-1,o AsfIEXIIIE y ca N