Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1818-01-08
Legislature of Virginia.
Extracts from the .Tonim4I Of tic Honsc Of
Dciegatcs.


Delegates.
MONDAY, January 5.--rhe Speaker laid be
lore the house letter from the GOVERNOR will
communication from chancellor Greed Tay
Tor, mcioSed therein, which were read, rs fol
low
CosrcH Ciarber, ian. =, lsls.
StR-At the request of cha .celior Creed
| TAYLOR, | have tue houor through vOu OF
transmitting The enclosed E" communication to
the Legislature"
With great respect, / have The honor to be,
:. JAMEs p. PRESTON.
The hopordLie The Speaier
Or the House Of Delegates.
Richmond, Jca.l, 1915
STR-I have understood, that some of the
| worthy members Of the Legislature, now in
session, entertain AN idea. that, under the act
| OF 1918, entitled An oct cORcerAiRg ehaRcer'y
ccntS," am bonir' IL live in The ciiy Of iticli-
4, mona, and 10 hold a court in the town of
| l.ynchburg: 10 remove this impression, beg
| leave through yOu "a state 60 the WORTHY
members OF that hOnUtahle body. The opinion
which formed upon that act, before entered
| upon the execution Ui a. IL is trse, that, hN
| the terms OF The 2ct, J AM required 10 do 50.
| Bnt The question is. whether The legislature
! i,ad the power to impose those terms upop
| ine the, had and c;,n he made eendNie
| "i Al. viii repair with great pleasure to tlie
city ant reside there, so long rs stall remain
! aj"dge hut If they had not, feel confident
| that II will afford them much pleasure 10 view.
The course which have pursued, not only by
my best judgment, brt by the judgment of
| ve'y able counsel also, as entirely proper:
| NAN rs to tue law
The act in question must be understood, /
apprehcnd, in reference To the act al 1891, by
Which The high court OF chaucery was first
divided.
Uudtr thi, act of 1901, was appointed in
June, is0G. the chancellor ofthe court To he
holden in The city of Richmond; and by the
terms oi;'liS art, Ntit applied Ia me,) was to
reside 81 il,e piNce where my court sborid he
holden 81 that 1T the Legislature had after
WARDS t;iJnght proper 10 rcinoyc my court To
any other piacc, must have gone with it bat
II they lad thGu2ht proper to remove my
court, by Il division oft, to two separate and
olStinct places, they would thereby have put
II out OF my power 10 comply with the condi-
lion @! the act OF iSli, under which 1 MAS APP
pointed; and hence, as Ii seems to me, with
due Difference to the opinions of others, 1
should have been abSolved from the condition,
and might have lived any where within my
district.
take this to be fair exposition of the act
of ISOl, and ifs0, 1t gives the true construction
OF the act of 1913, Notwithstanding any provisi-
on therein 10 the contrary; for, L presume it
Will be admitted by all, hat the conditio upon
which went into office, III 1896, under the act
OF 1891, could not legally he changed by the
act Of 1913; since this act was posterior TO my
appointment. This principle, 1 have never
heard questioned then the legislature in 1873
should have sad nothing abont my residence,
but IN tie terms OF the act of 1901, for pre-
sumo il Is conceded on all hands, that the iesls-
idtUte cannot c0uStitNtiOiihtlN tUpefaGu Il new
condition 10 the commission or d Judge, after
ne rs appointed; and urOu this isround the
Judges OF the general court, at the establish
inent of Tie superior courts OF law, were not
required To move Into their circuits.
Ii i'll thi, view of the subject be correct, it
follows that when 10y the act OF 1873, my coayt
a Richmond was divided, and part OIL sent
10 Iyncbburg compliance with tie condition
of the act OF 1891, was rendered impossible by
the legislature itself. and which left me lit lib
erty, as conceived, 10 choose convenient
stand; and under this honest impression, !
returned 10 my residence III The comfy of
Cumberland, which is about equi-diStant from
e.. tive courts.
very Inuch regret that was obliged, for
the want OtaHtlOTity. 10 refer the construction
OF the act 10 the general court to decide upon
ii myself: and now, # the legislature SMALL
diner from me III opinion, and will authorize
'ratrotereuce 10y law, ! shall conform 10 Inc
oecision OF that court VITA great pleasure.
PERMIT ine, ii you please, Sir, 10 request that
you wi!i be good as Ia transmit tkis comma
nication To the legislature.
WIKI sentiments of the highest respect, as
we'll for yourself as for tbli honorable BODY, ]
am, sir, your most Obed!cnt servant,
CREED TAYLOR.
GoyERNoR Preston, RichmoRd.
Referred to the cOmgTjttee tor courts OF jas
tce.
MIR Magill, from the committee, reportedse-
verai revised bills.
ON motion of HIr. Scott, ordered, that the
committee appointed To enquire into the state
of the Bank of Virginia aud Farmers Bank OF
Virginia, have leave To sit daring the session
of this HOnse.
Mr.. Brown OF James City submitted the fol-
lowing resolutions
RcSOltCd that this house will postpone the
consideration of the revised bits until the
third Monday i'll January; at which time, only
such parts of the bills as IL is proposed TO It.
mend shall be taken up; and such amendments
only shall go through the forms OF original
bills.
Hesolred that committee he instructed TO
prepare a bill, making arrang ements fox
printing tie laws, as reported by the commit
tee OF revisorS and amended by the Jegisld-
ture, and for distributing the same 10 persons
entitled thereto"
And the question. being pnt thereupon, was
determine d in fhe negative.
Two engrossed revised bls--respectinCw wit
nesses, Ssc.-and respecting limitation OF acti-
Ous. sc. were passed.
The engrossed bill for establishing a Marine
Insurance company IN PetershuIg, was also
passed
The house went into committee OF the whole
on tie revised bils-SeveTal of them were read,
and with amendments reported 10 the hunse--
ordered to be engrOssed and read Sd time.
y motion was made 10 appoint cicri TO the
committee Oh tile state OF the bduks--whch
was negatived.
On motion of MIR. ChambcrlayEe PesolreG,
by the Senate and House OF Delegates. thai the
governor aud council he IeqUestedt to postpone
the appointment Of directors Of the Farmers
BaUk Of Virginia TO he appoiuted by them on
| the part Of this cOmmOu~ ealtb. until the sew
! eDteeuth instant, unless the investigation (uOw
| carrying on of the conduct Of the directors
| thereof be concluded before that iis1c.
IUEsDAY, Jan. GA communication was re-
| ccived from the senate, stating they ha pass.
! ed the (revised) bill reducing in,o one The
several acts prescribing the oath Of fidelity,
| and the oatbs oi public officers" with amend
tnents-whiCh, on Mr.. Magilfs motion were
| laid upon the table.
| Various resolutions and bills were received