The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-03-10
OU3T[R BILL STRONG

OU5IER BILL STRUNG
tCoaainyed From First -'age.)
ardent spirits voluntarily taken. or
who shall engage in any form OF
gambling, or who sh5il commit any
act constituting violation of any
penal statute involving moral tur-
pitude. and providing a procedure
therefore, and for the appearance
OF the Commissioner Of Prohibition.
or some one representing his ONCE.
in certain cases arising hereunder.
Sec /. Be IL enacted by the Cen
ersl Assembly of Virginia. That every
person holding any office of trust or
profit under and by virtue of any or
the laws of the State of Virginia.
either State. county or municipal, ex-
cept such officers as are by the Con-
stitution removable only and exclusive
~ by methods other than those pro-
vided by this act, who shall knowingly
or wilfully misconduct himself in
Office. or who shall knowingly or will
fully neglect to perform any duty
enjoined upon such officer by any law
of the State OF Virginia, or who shall
in any public place, be in a state OF
produced by ardent
spirits volHnsar*ly> taken, or who shall
engage in any. form of gambling, or
who shall commit any act constituting
a violation OF any penal statute involv-
ing moral turpitude. shall forfeit his
office and shall be ousted from office
in the manner hereinafter provided.
Sec. 2. Any person. corporation or
organization may file with the Circuit
Court of the county or Corporation
or Hastings Court of the city In which
the officer proceeded against resides
and holds office complaint in writ
ing. stating with reasonable accuracy
and detail the grounds or reason for
the removal OF the officer OF whom
ia made. which complaint
shall be sworn TO by the person or
persons or by some offfcer of the or
ganization making II
AS soon as the complaint Is fiied
with the court. or the judge thereof
in vacation. who is hereby authorized
to try said complaint. the court or
judge -theeeef--if4--sa vacation before
which or whom the complaint IL filed
shall forthwith cause rule to be
Issued requiring the officer complained
of to show cause. il any he can, why
he should not be removed from Office.
The rule shall be returnable In not
less than Ave nor more than ten days.
and shall be served upon the officer
with copy of the complaint, and upon
its return. duly executed. unless good
ca tse shall be shown, the complaint,
which shall have precedence of all
other cases on the docket. shall be
tried forthwith. and II upon such trial
1t shall appear that the officer has
failed. neglected or refused to perform
hts duty under section one Of this
act. ne shall he removed from ONCE.
Sec. ). In any trial or proceeding
under this act the attorney for the
unless the complaint
is against him. and in prosecutions
arising under the prohibition law of
the state pertaining to ardent spirits,
as enacted by the General Assembly OF
1915. and all other prohibition laws
pertaining to ardent spirits. as therein
defined. the Com missioner of Prohibi-
ton, if an attorney at law. or some
attorney representing his Office, shall
represent the complainant. who In
addition may employ counsel to be
associated with them. The complaint
shall not be dismissed except by con-
sent OF the attorney for the Com
the Commissioner OF Pro-
hibition. IL an attorney at law. or some
attorney representing his once iwhen
sail commissioner or his representa-
tive are appearing tor the prosecu-
tiony. and the counsel for the COM
plainant. Ii one has been employed.
or any two Of said prosecutors. but
shall be tried upon Ats merits 1.-THE
Is against the attorney For
the Commonwealth. the complainant
shall be represented by the Commits
sioner of Prohibition. IL an attorney at
law. or some attorney representing his
ONCE, and by q counsel, OF his own
selection. II he thinks proper to en-
plcy one. and shall not be dismissed
except with the consent OF tfes COM
missioner and the counsel for the
complainant, II one has beer employ
ed, but shall. as In the case OF ether
offenses, be tried on its merits. II the
court or Judge trying the case shall
be OF opinion that the complaint II
without sufficient cause. II shall be
dismissed at the cost OF the complain
ant, but such accuSed of1csr shall
have the right to demand a trial by
jury, except in casrs where the ofiIcer
Is an appointee.
Sec 4. Nothing in this act shall be
construed as taking away from the
council of any city or town the power
1t now has for the removal OF mayors
and police officers.
Sec. s. The complainant and the Of
fcsr against whom the complaint 10
made shall both have the right to
apply to the Supreme Court Of APP
peais for writ Of error and super
sxdeas. a. In other cases OF appeal to
that court. upon the record made In a
trial court. and the Court Of Appeals
II now and hereby given jurisdiction
to hear and determine such cases.
Sec. 8. All acts and parts Of acts In