Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1915-08-21
ELECTORATE WILL NAME
SUCCESSOR TO FOLKEs
Colonel Anderson Holds That Judge
Is Without Power to Make
appointment.
IN AUTHORITY
City Democratic Body Will Select
Nominee to BE Hatified ut General
Election in MISUNDERSTANDING May
Appoint Temporary Prosecutor.

appoint Temporary Prosecutor.
Ihoer an opinion given yesterday b,
Io.onei George Wayne Anderson, as.
,ho W! attorney, successor 10
.ne rate Minc;rcc Folkcs Common.
"calths attorney of the city of Ei.h
lnohu' must be named by the voters
az the election on November =. this
year. Colonel Anderson holds that
section of the city charter as almond
ed. supersedes that portion of Scr,inn
~" OF the Virginia code. which. an
thorlHeS the judge OF the Hastings
court to I'LL the vacancy. tho ;.puointec
10 hold Office until the expiration of
the term. "
colonel AndcrSon's opinion docs no,
deal with the matter of ;,u ,nnoin,-
heht pending the election In tho an
sehrc OF any statute bearing directly
on me question of an ad interim ap-
p"'h'ihcnt. II is assumed that judge
laN'd I. Richardson. OF the Hastings
curt VIII nanre special prosecutor
20 represent the interests of the Com
mohweaith to serve until the new
commemorative attorney has quail
"eu. ne Assistant City Attorney last
night declined to comment on ,bis
phase OF the situation. saving ,hnt tho
question Was one for Judge Richard
son to determine for himself
DEMOCRATIC COMMITTEES:
/ CONTROLS STU ALTON
|! Accepting this view OF Colonel An
derson as TO the method of naming
MT toikcSs successor. the City Dem
ocfatic Committee will bc called upon
TO make nomination for the ol,,e
ono primary has already been he'll
this summer. and il is regarded as uu.
| likely that the committee will resort
10 this method of selecting a nominee
espec,allE IN view OF the expense and
the comparatively limited time which
remains for tho holding Of such "A
| primary The committee will probably
name candidate under tho authority
given IL by the state primary law to
I'LL vacancies in the party ticket
/ Chairman Clyde W. Saunders of the
city Democratic Committee last nigh,
SAID that the committee would not act
until Judge Richardson had issued Il,
! writ tor the election of Il common-
weaith's Attorney. When tic matter
! comes up. tho committee viii follor.
, the primary law governing such con
/ tnSencics. Mr.. Saunders said lie de-
! cllned 10 Indicate what he thought the
action OF the committee would be-
FRIENDS OF HADD0N
ACTINT:I.l At WORK
| with the chances largely in favor
: OF me CITY Democratic Committee
! making tho nomination. friends OF r.
Gray tIaddon. who was prominently
, mentioned Tor appointment when II
, was thought that tho authority lay
I, in the hands OF Judge Richardson, be-
came active in his behalf with mem
bers OF the party governing body
George r.. MISC, Alfred j. kirSh Harry
: {. Glenn and w. Kirk Matthews also
= arc as2ran ts for the appointment The
/ nomination is equivalent to election,
ana IN" successful candidate viii hold
Office until January !. 1915.
| I'm the event that Judge Richard
son should designate AN acting Com
! nonwcalth's attorney, the man selected
10y him would be given considerable
: prestige III tho public mind and such
action would probably have its weight
| with the committee in naming a can
dldatc. Judge richardson has not re-
! turned TO th" city ana no action. it is
! believed, Will br taken 10y him UNTIL
! his arrival.
Charles l.. iage. commemorative
/ attorney IN Hastings Court, Part H.
| has been acting as prosecutor in Police
/ Court sine the dealt, Of Mi Eolkcs
J COLONEL. ANDERSON
CITES CHARTER PROVISION
! In The opinion, which was forwarded
/ I" M"Noi George AinSlic last night.
/ iollowI"S tho iattcr's request for. :,
rnllnS on tho application ur section u
! OF The city charter to the iilliu. OF
! The VACANCY IN the Office .oi Common
! wealths attorney. Colonel Anderson
says:
! ~ VIC tnIElfT NOnlu TIC
! considered only as applying to city
Offices, but AN examination Of the sec
J tloh. rs u stood prior TO the amend
mcht OF 1905. shows that il read In
! cases OF vacancies arising in offices
! herein provided to he filed at the first
election that may he held hereinafter
! in the said city. cite
LAS amended in 1896 The charter
| reads In cases Of vacancies arising
IN any office elective by the people
/ when a general election will occur
/ before the expiration OF tho term OF
I such ONCE which election can be legally
held Tor the purpose, il shall be the
I duty of the Mayor upon the happen-
I ing of such vacancy vacancies, to
/ certify the fact OF such vacancy or
| vacancies to the judge OF the Hastings
( Court, who shall issue II writ rcuuir-
/ inS an election to FIJI such vacancies
! etc This last amendment seems to
= show the intent of the legislation as
! TO officers elected by the people but
II may not be conclusive, and il is
not without difficulty, for section l06 OF
! the code seems Ia provide for the APP
. pointment by the judge of The IuSt-
I ings Court.
+ SAYS AMENDMENT TAKES
( AUTHORITY FROM JUDGE
! Colonel Anderson holds that the
/ amendment TO the charter takes the
: authority for the appointment out Of
! the hands OF the Judge of the Hust-
+ ings Court ami gives the opinion that
! the vacancy should be filled at the
/ election in November
Mayor .Ainslie will certify the va
/ cancy 10 Judge Richardson and. If there
should hc any question as to legal
phases Of the situation. the court will
/ pass upon the same before issuing the
! writ OF election.
Opcn-Air SuHrnne Necftnc