The Cavalier daily :: Friday, February 9, 1973 :: University of Virginia Library

Judge Merhige has been
criticized by the Virginia
General Assembly for his
recent decisions to consolidate
Richmond area schools to
achieve racial balance and for
fining a prison official $21,265
out of his own pocket.

System Threatened

Del. Edwin Ragsdale
(D-Henrico) first introduced
the issue earlier this week when
he told the State House of
Delegates that the rulings of
Judge Merhige "threaten our
very system and concept of
government."

Mr. Garsdale also wrote
letters to Sen. William F. Scott
(R-Va.), and Sen Harry F. Byrd
Jr. (Ind-Va.), urging Judge
Merhige's impeachment for
"judicial arrogance."

Mr. Scott, however, said
"You don't impeach a judge
just because you disagree with
his opinions. Impeachment is
for high treason and
misdemeanor, and I don't see
that, even though I don't agree
with the judge on many
occasions."

Mr. Scott did say, however,
the Merhige "was clearly
wrong" when he ruled in favor
of the school consolidation. He
added that his decision did not
provide grounds for
impeachment.

The school decision by Judge
Merhige was overturned by the
4th U.S. Court of Appeals,
which is the "right way to do
it" according to Mr. Scott.

The prison controversy
began when Mr. Merhige fined
W.K. Cunninghom Jr., Director
of the State Division of
Corrections, to personally pay
damages to three former State
Penitentiary inmates because
of cruel treatment they
allegedly received while in
prison.

Included among the
treatments the prisoners
allegedly received were
bread-and-water diets, arbitrary
use of tear gas, long periods of
solitary confinement, "placing
prisoners naked in a hot,
roach-infested cell" and
"taping, chaining or
handcuffing inmates to cell
bars."

Unwarranted Allegations

"He wouldn't do anything
like that," Mr. Scott said of the
charges against Mr.
Cunningham, "but I didn't
hear the evidence and the judge
did."

Mr. Ragsdale had said

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