The Richmond Virginian. (Richmond, Va.) 1910-1920, 1916-08-01
INVOKES CUSTER LAW
AGAINST MAYOR BROCK
Commissioner OF Labor Doherty Takes
Action Against Wcll-K nown
SmithfieId Official.
CHARGES DID NOT UPHOLD LAW
Interesting Case Arises As to Right OF
Official to Use His Discretion to
Dismiss Cases Brought Before Him.

The first application for the re-
moval from office of a public off,
cial under the custer law, passed
by the last legislature, has been made
by Commissioner of Labor James B.
Doherty. who petitions the Honorable
Il. ID. White. Judge of the Circuit
Court of the County of Isle OF Wight,
mayor of the town of Smithfeld in
ito remove from Office L. c. Brock.
the Cunty OF Isle of Wight, for know
ingly and wilfully misconducting him
as the result of the dismissal by May
or Brock Of cases against the Smith
field Light and Power Company, and
the Underwood Manufacturing Com
pany, for violating the labor laws, it
being alleged that Mayor Brock act
ed In face of direct evidence of the
guilt of the corporations.
1t is set forth in the petition that
when J. Il. Clinedinat. assistant chief
factory inspector of the State OF Nir-
ginia, applied to Mayor Brock for
warrants against the two firms. he
was told by that official that II the
cases were brought before him they
would be dismissed The Smithfield
Light and Power Company was charg-
ed with violation of the semi month
ly pay law. and there were two war
rants against the Underwood Manu-
featuring Company, one for violation
of the safety appliance law. the other
for violating the child labor law. The
MAYOR stated, the petition reads. that
such laws should not apply In the
town Of Smithfield. and from the
bench he announced he would carry
out the threat he had made before
tho warrants were Issued to dismiss
the cases. In tho child labor case
against the Underwood Manufacturing
Company, Mayor Brock said he was
glad the child labor cases were In the
county, and that he thought Mr. Tn
derwood was doing the town a favor
in working children.
Tho fun text OF the petition is as
follows:
TEXT of Application.
To the Honorable p d White, Judge
OF the Circuit Court of the County Of
Isle OF Wight;
Application Is respectfully made TO
Your honorable court under chapter
45t OF the acts OF Assembly of 1915.
10 remove from office /. c. Brook.
mayor of the town of Smithfeld. IN
the County Of Isle of Wight, for
knowingly and wilfully nisconducting
himself in ONCE, upon the following
grounds. to-wit:
That the said L. c. Brock. by vir-
tue Of his said Office of Mayor, exer-
cises the powers and authority OF 4
justice OF the peace for the said town
Of Smithfeld
That upon the twenty-flrst day OF
June. 1916, being applied to by ]. b
Clinedinst, assistant chief factory in
spector of the State of Virginia for
warrants against the Smithfleld Light
and Power Company. and the Under
wood Manufacturing Company, he
told tho 4said C44pedlnst that If he
Clinedinst, brought the case against
the Smithfeld Light and Power Com
pany. before him that he. the said
Brock. would dismiss II. that he fur
Their said that he was glad the child
labor cases were in the county--tf they
came before him he would dismiss
them: that he thought Mr. Underwood
was doing the town a favor In work
ing those children; that this was said
before the trial of the cases and before
he, the said Brock. had heard the
evidence: that the said Clinedinst
nevertheless swore out warrant
against the Smithfeld Light and
pNti 1pilN DdHNr iDI Nio4iiltF oI
chapter los of the acts OF 1912. known
as the semi-monthly pay law. and the
two warrants against the Underwood
Manufacturing Company. for violation
of chapter 106 of the acts of 1912
known as the semi monthly pay law,
and two warrants against the Under
wood Manufacturing Company. Inc,
one for violation OF chapter 6 Of the
acts of 1914 known as the Safety
Appliance Law. and of chapter 33s. !
of the acts of 1914. known ms the
child labor law; that the said warrants
We're tried at Smithleld in the County
of Isle Of Wight by the said l.. C. |
Mayor, on June 26, 1915; that the
cases against the Smithfield Light and !
Power Company and the Underwood
Manufacturing Company, Inc. were
fully proved by testimony offered by
the Comm onwealth; that the said L.
G. Brock seemed in haste to decide
the cases in favor OF the defendants as
he had threatened to do. without
waiting for evidence to be fully offer
ed, that he led the witnesses with the
evident intention of damaging In ap-
pearance the Confmonweaith's cases,
that he permitted bystanders to
prompt the witnesses, that he dis
missed two OF the warrants to-wit:
the warrant against the Smithfield
hght and Power Company, and the
warrant under the child labor law
against the Underwood Manufacturing
Company. Inc. upon the express
ground that the law ought not to ap-
ply to towns like Smithield that ne
admitted from the bench in open
court that no had threatened, before
the warrants were sworn out and be-
fore he had heard the evidence, to
dismiss these warrants II they were
sworn out: that his whole attitude
and bearing was openly and shame
lesslv hostile to the enforcement OF
the laws Of the Commonwealth: that
his judicial opinion was admittedly
warped. biased and pretudiced; that
the cases tried by him were prejudged.
and hts action predetermined, express
ly so and admittedly so.
In all OF which 1t is respectfully
submitted he the said Brock know
ingly and wilfully misconducted him
self In office within the meaning of