The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-06-21
PEOPLES FORUM
Rss.aJI and ITut,,s


Editor of The virginian:
Sir,-The subject OF the Referendum and Re-
call seems to DO prominent before the American
people today and 1 believe such laws will be
passed from fine to time will give the people
me right or the recall OF great many officers
for neglect Of duty probably including our
1udges). believe this will be the case from
the fact that court decisions seem to me
TO be manifestly unjust I do not mean to
say that our Judges render unjust decisions in
tentionally contrary 10 the laws that now
exist. but / believe many unjust decisions are
made technical points OF law which should
be disregarded entirely when absolute right and
wrong faces the court.
I wish to cite case in mind that re-
sersed by Supreme Court on June 8. 1911,
at Wythevlle. Va. very much to my surprise
Carter Keeton II Coleman ct ais.
In this case one W. y. Carter contracted with
Keeton & Coleman. of Danville Va. for certain
wor, adding, 1 think to a dwelling and store On
his mothers farm. Danvile, Va, contract
poor people and not able to lose any money,
and when the job completed asked for
their money, and / learn did not get a cent OF
It hence they entered suit in the Circuit Court
OF Pittsylvan!a county. and the defense set up
was that Mrs. NJ A Carter. his mother. did not
know that the building was being erected on her
farm. although the son that she resided with in
another place visited the farm, I understand,
several times during the progress OF the work.
hence II was passing strange that she had not
heard Of it: and even II she had not should
these poor men be made to lose all OF their
money when her property was benefited by the
buildings being erected on II by her son? In
Judge Harvey's court a decision in favor of the
pialhtins against the property was promptly
rendered. The case appealed to the SUI
preme Court OF the State and the decision OF
the Circuit Court was reversed. 1t seems TO me
! to be as great miscarriage of justice as have
ever seen in my life. and how any court could
render such unjust decision In the face OF
such evidence as was produced in this case
cannot conceive. ] presume II was rendered on
a technical law point, which, think. should be
brushed aside without second thought, This
man. w. d. Carter. served term in the State
penitentiary for offense about ten years
ago, and it seems that ne had this work done
without any idea in the world of paying for it.
Such decisions as these in my opinion. are cal
ouated to encourage bad and yenal men in ne
farious practices,
l believe that such decisions as these by our
courts. It matters not what the technicaiities OF
the law may be, will from time to time cause
such unrest and dissatisfaction that our people
Will demand the referendum and recall am
no lawyer, but my opinion has always been that
law IL founded justice and right and cases
should always be decided that way.
Technicalities create great deal or dissatis-
I faction In many cases Such decisions az the
Supreme Court rendered some years ago. by a
vote of to 4. claiming the income tax law nm
constitutional; such margin IL too narrow
and such decision too unfair. In my opinion.
to give satisfaction to the good people OF our
country.
When the Enabling Act before the law
makers last winter some OF our representatives,
usual when In tight place and at loss for
argument, and were standing sandy foun-
dations.' tell back the poor Old constfsu-
ton. which Ia often tommy rot pure and sim
! pie" and II was quite nausaattng TO see them
! trying to hide behind 1t.
| I believe the following is recorded in an old
book called Magistrates Guide" that nlagis-
trates were instructed under the Virginia law
to follow the statute questions In their ju-
risdiction according TO statute and where there
was no statute. the magistrate should use his
best judgment render substantial 3ustice
between all lltgants.
II would seem that our Supreme Court might
do we'll to "hark back" to basic principles like
these and not strain hard TO discover far
fetched technicaties.
think my statements correct. II not.
T will gladly correct any errors that may have
been made in stating this case.
r, s. BARBOUR.
South Boston Va, June 20. 1914