Evening star., 1952-01-19

S~~SvSauPS
Monday Night
Assembly Democrats
To Consider Virginia
Interim Appointment.
By Alex R. Preston
ster stoff Correspondent
RICHMOND. Jan. 18th,
General Assembly was in week.
end recess today, but its Demo,
cratic members will return tx
caucus Monday night on confirm.
ing several judgeship vacancie.
filled by Gov. Battle since the 1866
session.
Several other judgeships due
to expire in the next two years
also will be filled in the dominant
Democratic Party caucus. Elec-
ton by the entire Assembly will
follow. probably Tuesday.
Among interim appointments
made by Gov. Battle were Circuit
Judge Lemuel F. Smith Of Char
lottesville to the Supreme Court
OF Appeals to fill vacancy
created by the retirement of
Justice Abram p. Staples; Lyttle-
ton Waddell of Charlottesville, to
NIL Justice Smiths former circuit
post there, and r. Watson Sadler
OF Charlottesville, to the City
Corporation Court to fill a va
cancy created by the retirement
Of Judge A. P. Dabney.
Score Of Reappointments.
These were the only Northern
Virginians among eight interim
appointments. The three were in
Gov. Battles home city.
A score of other judges are up
\ for reappointment. The only
Northern Virginians on the list
are Judge Floridus S. Crosby, for
the 18th Circuit, embracing
Staunton, Waynesboro and Au-
gusta County, and w. Marshall
King Of Fredericksburg, to the
State Corporation Commission.
A bill containing only one short
sentence, but relating to interim
appointments by the Governor,
was introduced in the House yes
terday. It bore political over
tones from the days of the late
Gov. James H. Price.
Would Repeal Section.
The measure, by Delegate j.
Bradie Altman, an administration
supporter, would repeal a section
Of the code enacted in 1910, mid
way through the administration
of Gov. Price. That was the last
time the dominant Democratic
faction headed by United States
Senator Byrd lost control of the
States highest Office.
The section which would be re-
pealed requires the Supreme Court
first to certify need before the
Governor can fill a judgship. It
permits refusal of certification,
provided the total number of cir
suits does not go below Is.
At the time. it was enacted on
ehe representation that it was an
economy measure to avoid main
tanning useless circuits.
Prevented Filling Vacancies.
The effect of the law. however,
was to prevent Gov. Price, who was
outside the organization. from fill
ing vacanies without the courts
approval. The court itself was
made up of men appointed under
prior administrations.
When the General Assembly re-
turned, however, it could fill va
eancies at will.
Mr.. Altman refused to discuss
possible political aspects of his
repeater, but said the law is no
longer necessary because the Su-
preme Courts action has, as a
matter of fact, been disregarded
1A1y tho CarAxo1 Aeeov,oo1r,
Without naming names, he said
the Legislature has acted in the
face of an adverse report from the
court. Therefore, he believes the
law is usless.
During a 7-minute session of
the Senate and a 13-minute ses-
sion of the House yesterday, these
were among new laws proposed:
A joint resolution by Senator
Lloyd C.. Bird of Chesterfield, to-
direct the Virginia Advisory Legis-
lative Council to study laws cover
ing cattle rustling and theft of
chickens and crops along high
ways.
Rustling on Increase.
It says theft of crops and chick
ems and turkeys has become COM
monplace. and "the rustling of
cattle and other livestock seems
to be on the increase"
A bill by Delegates George
Damn and J. Maynard Magruder
Of Arlington, to include marijuana
among drugs listed in the Uniform
Narcotics law.
They also proposed companion
bills to amend the search and
seizure law to permit condemna-
ton of contraband dope and
seizure of personal property, such
as cars. employed in its distribu-
tion.
Earlier, they had introduced a
bill requiring a minimum three
year sentence for any one con-
victed of conveying narcotics to
minors.
Sanitary Property Tax.
Two bills were introduced by
Delegates George M. Cochran Of
Staunton and Felix Edmunds of
WaVneSborO One would alitloriZe