The Richmond Virginian. (Richmond, Va.) 1910-1920, 1920-04-01

nde rson delivered dissenting
opinion In which Judge Christian con-
CURED
! The new court convened at the Jan
usry term 1883. In addition to judge
: Lewis the general assembly had elect
/ ed Judges Benjamin W Lacy Thomas
+ r FountIcroy. Robert \. Richardson
/ and pTuFy A Hinton. Judge Lewis Was
elected president The very FIRST case
before the court WAS burks Ns- nm
ton n Va. T. This was contest be
tween Judge Hinton and Judge Burks.
the former claiming seat on the
bench under his commission for a
term Of twelve years beginning Janu-
larry T. 1883. aud the latter claiming TO
have been elected in December. 1875.
fur term Of twelve years, I. e., u1til
December 1855 and therefore insisting
that he was hstf u member of The
court
The question. therefore. for decision
was this was Judge Burks elected fer
the full term OF twelve years? If 20
ne was stili "a member Of the court, and
Judge Hinton was not entitled 10 his
seat The court held that Judge
Furks was elected 10 81 tho uncxpire1
term NJ his predecessor. Judge Bout
din. and not for term of twelve
years. and therefore that his term cN-
pircd on the Sfst day Of December,
t,ol tho roo+rar, view and diszcn.,sd
from, fbe decision af the court In de-
.ng this. he proved his absolute indie
icndenee aud fear}e&sness. Judge Hin
,au having been elected by leisia-
fare controlled by Judge Lewis party,
and the majority IF the very court
y Inch had just made him its president
uejuE IN favor Of judge Hinton lie
VAS Obliged 10 realize That his dissent
would place him In djsfaFor with his
party, Tie reaajuster party, at that
time M control Of the state. and also
make has position On the court an en-
harraastng one Yet. like the just
judge he Was having convinced him
self THAI Judge Burks was iegaiy a
member OF Inc court ne SO heid' with
ont regard 70 rear, FAVOR or cotS'
qNthfeS. hhShin mas wen sara 'Nai
w hai"feF iHe learning or acu'ehfSs
oi great lawyer our tn'ei r'SPe'.
Tor him depends on our hette'' th"t' sex
IN judge seat he VIII strive 10
}%9&e justly come OF II Nhat may
one VI his coIlea CUES on the hench
~ after wears toid iflena, now an
eminent Judge, that after inns aeel-
s'ot'. 17idse lie WIS asked the cooFl 70
accept ms Frslgnahon as president
and eject one Oh the TOUR remaining
W"1nhtrS 70 that POSITION as ne ieIt
that. lnasmueh as he was not IN Af-
cord w4th the majority. he should not
hold thls honor TO their great credit
bis colleagues refused 70 accept his
offer,
it,d7ye Taats was on the bench for
nearly thirteen Years During that
+i.,a 1r{ry,rts, was .gradnalIy recovsr-
ms, her nris,Ins strfngth and the de
,ssi.nq NJ ber highest roDrf we're VII
=. arro,d Win Inc r.ragressive snir5r
~ IysRS delivered
s.ores ~ decisions ~ me greatest
,,5,r,sot ia ths veal oY the nratle
-, ~. x,sta ard So TIM qoaa o,, tL4sa
,.r,,,ors ar ,,,ore ara more anne
~'st.d ard reliod On
-
re 0eHeVed' as lnan 'no as q
51"S'. :" tHe ""N@ ~ 94p' e,''"IS ~
'E' t'HSl .'@l'"" w IN. 80 lS'
/ am" US amman ny VIII az" "N''4.' q
''o" 10. thg optnl"Hs ~ ~ .71
'Np"u""e'' ''h'l Nlf'f snail i'u nun 100
ana AGAIN 20 .tir' ~ men 81 HAa
'~ opinions. III ms "tSH'"' =" %. >, !
rs H'n t"h ne q4"1ee y" ~ l'"", ,"e
A'T"t t'1'f '""''~S Al" - ''ti ""6 - -
.1"u]S'"A career, ms te"ueH,S =" ms
respect - h'@I Ncu' f't9 'p'h'o"S az
4 'o"N'st, titai !! - pi eS9e"' iO"'>" -+''N
ape, 'he5 @uoVHo WI pe' Nhen' au
tho't'A anu are iei'''i Nap1| 0Nnf ~
ing hNethuihS VIII oeFSh'S : s'N e II !
+ - ~ = ma anu c'os'he M N,he'Iet'
= W. =, az ~ :" ''~'i ~ '' -