The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-06-23
COURT ASKED TO
APPOINT JUSTICE
South Richmond Without Officer
as Result of Democratic
Primary.
JUDGE WELLS URGED TO ACT
Expected That He Will Exercise
Authority and Name South
side Man.
JUDGE WELLS URGED TO ACT

Auoit1onal justices of the peace. pri-
marily for service in South Richmond,
but with jurisdiction in the entire city.
will be appointed this week by Judge
Ernest II. Wells. of Hastings Court.
lart H. Petitions asking for the ap-
pointmcnt of II least one justice.
signed by hundreds Of voters and tax
Wells. Although fully decided to create
an office. Judge Wells has not gone
over the matter with enough study to
state with certainty the exact number
or appointments TO be made or to
whom they will be made.
The primary election of June 10. in
which three northsiders were elected
Justices of the peace for Madison Ward,
of which South Richmond is a part
put the Southside in Il peculiar situa-
tioh. composing separate police pre-
cinct. with distinct police court and
liustinSs Court, and being separated
from the older city by the river. yet
1t was without a justice TO write a
warrant or bail prisoner
Any person arrested for n trivial of
tense. would be compelled to await
the arrival of n justice from the North
side before being admitted to bail AT
night. or In the early morning hours
a prisoner would be put to the ex-
pense OF taxi service or spend the night
behind bars. Moreover the Southside
police would be unable to make an ar
rest for mtSdemeanor to which they
We're not an eyewitness without going
to the City Hall for warrant In
additlon TO the expense and waste of
time. there would he a great deal of
Inconvenience. while many offenders
would escape.
Doubt Power to Appoint
There is an opinion held by many,
among them several prominent attor-
neys, that Judge Wells is without the
power to appoint additional officers
They take the ground that creating the
office is a power which the Legislature
could not delegate. The Virginia SUI
preme Court passed on the question
several years ago, holding that il was
a police regulation which would come
under the Jurisdiction OF the court
The power of appointment is con-
ferred on Judges Of all circuit courts
by Section 81 of the Virginia Code
They are authorized, whenever they
think the public service requires, TO
enter OF record, and designate the mum
Der of additional offices to be created
This shall be published in the district
and an election held at the regular
time. In the interim it shall be lawful
for them to appoint officers to serve
until the successor has been elected
and qualified.
stu HnS Jurisdiction.
BY Section $685.. the several corpo-
ration courts or hustings courts. with
the exception OF the city of Richmond,
have the same Jurisdiction az the cir
cult courts. BY the consolidation
agreement Hastings Court, Part IL.
retains all Satisfaction over which 1t
held power before annexation. in fact
having concurrant jurisdiction with
every court of the city
While uncertain as to the number of
appointments TO be made, il Is prac-
tically assured that Lloyd b. Frank
lin. the senior Southside Justice Will
get the position. MIR Franklin has the
Endorsement of large number Of
voters, and as one OF the three South
side candidates in the last primary,
led his opponents and was beaten out
Tor third place on the ticket by less
than twenty votes During the alb
sence of Justice II. a. Maurice. he oc-
cupies the bench in Police Court, Part
H., and, living within Il block of the
Third Station, is accessible for all pur-
poses. others mentioned for the place
are J. f. Bauehan and Jacob Levy.
Squire j. r. Willard declined to be
come a candidate in the primary. and
! because Of his business has no desire
TO retain the position.