Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-01-21
.DEVANEY PLANS FIGHT
TO RETAIN JUDCEsH|P
Raises Constitutional Question, and
Contends Election to liopewcil
Court Was for Eight Years.
HEARING SET FOR WEDNESDAY
Joint Committees OF General As
semb!y Will Hear Argument OF
Counsel-Jnmcs .. Hcilin Strong
Candidate for Judgcship.

A novel constitutional question has
been raised by Judge Walter l.. Da-
vaney in connection with the election
by the General Assembly OF Il judge
for tho Corporation Court of the city
Cf IIopewcll. which Office from the time
of its creation. in 1916. when tho city
Of lIopewcll was incorporated. 10 the
present time has been held by Judge
Devaney. A special order has been
made OF the question. which Will be
heard by the joint committees of the
General Assembly on Courts of Justice
Wednesday afternoon at 5<o'clock.
1t WAS generally understood without
question up to the opening OF the Cen
cral Assembly. il is said. that a Judge
would be elected at this session to take
Office February l. 1918. and hold for
eight years. Judge Dcvaney was a
candidate TO succeed himself. hut was
strongly opposed by James q. Helm.
formerly memhcr. Of the House OF
Delegates. II seems that Il determined
iiah; was being waEcd Tor the judge
ship when Dcvancy raised the question
;ha; under the Constitution he was pre-
yiouSly elected for Il term OF eight years
by virtue OF the election in 1916.
In the light Of the contention. the
senate and the House referred tho mat
ter to the Committees on Courts OF
Justice. which will hold a joint meeting
Wednesday TO decide the matter and
report 20 tho two chambers of the Leg
stature.
CONTENDS FIGHT YEARS Is TERM
The Journal of tho Legislature for
1916 discloses that Judge Dcvamcy was
elected for II term beginning July !.
1915. and ending July |. 1915 Judge
Dcvaney contends that tho Constitution
iXcs the term OF Il judge a: eight years.
and that tho attempt on the part OF tho
90 ID ind. t,, 49,
according 10 the Journal is unconstitu-
tional aud. therefore. void aud that lac
has six years yet 10 serve before his
term expires.
1t is contcndcd bv friends OF Mr..
!lcfin and the other candidates that the
action OF tho Legislature was couSti'u
tional and valid. hut that in case Il
was unconstitutional and void. then
Dovancy was never elected TO the Office
"a, all. and has only been in service as
u lie facto judge.
l, Is understood that Judge Devsucy
has retained Richard Evelyn Byrd TO
present his side OF the question before
tho joint committee meeting Wcdncs-
day afternoon, while the friends OF the
other candidates have retained {. y.
Mcrcdith 10 oppose tho contention.
Tic meeting will be public. ANA Is OK
pcctcd to attract large attendance.
1t would seem" said an attorney
f.vorinG the election OF Mr. Helm,
that the General Assembly can ii"
nothing but ac' or the assumption that
their former action IN clcctins Judge
Dovancy was valid and proceed to elect
:, judge for the term beginning Fcbru-
AIRY /. 1915. and leave it 20 the courts
10 decide il the action is constitutional
for il would seem tho assembly would
be exercising judicial powers If il went
behind the journal OF 1916 and decided
the previous limitation TO have been
invalid Under our system OF govern
mcnt. this power is clearly the func-
ion OF the judiciary"