The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1872-02-09
!, FRIDAY MORNING, FEBRUARY 9. 1872.
Message from the Executive.

Message from the Executive.
| The following message from Governor
I Walker was presented to the Senate OIL
I Wednesday. It enclosed the report Of the
Attorney General, and also touched upon
the report Of Mr.. E. M. Alfriend, who went
as delegate to the Insurance Convention held
1 in New York iri October last. Accompany
| ing the message was memorial of the EX-
ecutiye Committee of the Virginia Historical
Society
.s,'3 CoaaoNwEALrH or VIRGINIA. =.
EXECUTIVE CHAMBERS,
EfcHA5SD; February y 1572.9
To the General Assembly,:
/ have the honor to transmit herewith the
report of the Attorney-G General to which /
invite your serious attention. The amount
of official service performed by this officer
probably far exceeds that of any Of Ills pre-
decessors. That his duty has been well and
ably discharged is abundantly evidenced by
the record of cases submitted with his re-
port, Seyefal of the cases to which he has
attended at my reqt1tst we're not strictly
within the purview Of his official duties, and
am clearly Of opinion that for such service
he should be suitably compensated.
s. Some Of these eases involved questions of
jurisdiction between the State and Federal
courts OF great delicacy and Of the highest
importance. 4 very ltitudinarian construc-
ton of his functions and supervisory powers
seems at one time to have possessed the judge
who presides over the Federal District Court
of this district, and the decisions of our State
courts were set ct naught or brushed away
by single wave of his judicial wand. Our
prisons were invaded by his officers, armed
with process issued by his order, and crilni-
nails tried and convicted by our State courts
for the violation Of State laws were turned
loose upon the community in reckless dis
regard of law, precedent, and authority.
| When information of these transactions came
to my knowledge, directed the Attorney
General to institute such proceedings as
would yindicate the authority of the State
and teach the vioiators of our laws, whether
on the bench or off of it, that such acts could
not be committed with impunity; and it
affords me much qualification to state that he
performed the duty assigned him ably, fear
lessly, and successfully.
When these cases came before the United
States Circuit Court, which fortunately is pre-
sided over by lawyer of learning and
ability. the unlawful proceedings of the Dis
trict Court were promptly reversed and the
wrong and injustice committed were, so far
as practicable, fully remedied. / sincerely
| trust that no occasion will arise in the future
necessitating such services by the Attorney
General. The dignity and jurisdiction of
our courts, however, must be maintained.
While would not uphold our State courts
in exercising even doubtful jurisdiction, yet,
in the exercise of that which exclusively be-
longs to them, they shall be supported by the
entire power OF the State. There never
ought and never ran be any serious conflict
of Jurisdiction between State and Federal
court so long as each confines itself to the eX-
crcisc of its Legitimate functions. Within its
. appropriate sphere the authority of each Is
exclusive, and should be respected and
honorcd by the other. Even in those cases
where they have concurrent jurisdiction the
same general rule applies. That court which
first obtains jurisdiction of the case retains it.
In no other mode can the dignity and aE-
thority of the courts be maintained, and th"
harmony and efficiency Of our system CT
government be preserved.
INSURANCE.
In;the month of October last convention
was held in the city of New York, composed
principally of the insurance officers Of the
i difcecnt States, the object of which was the
consideration of the subject Of insurance in
all its branches, its principles, and character
istics, and to t:ike such action as might aid in
harlnoniZing the legislation Of the different
States, and securing uniformity both in the
oIy and practice in one business Of insurance,
which so largely involves the interests and
well-being of the majority Of the American
people. Although we had no State insurance
commissioner who could in his capacity rep
resent Virginia in that Convention, yet
through the courtesy and by requestof Hon
c.. ". Miller, the able insurance commits.
sioner of the State of New York, Iappointed
q delegate, Mr.. Z. NJ. Alfriend, of this city.
who was accorded seat In the Convention
and took an active part in its dellberatlons
The report of hIr. Alfriend is herewith sub
mitted for your consideration, and contains
interesting and valuable information and sus-
. gestions. | fully coincide with the Conven
ton in the importance which it attached tc
the organization of an Insurance Depart
ment in each State, and, so far rs circum
stances will permit, the enactment by each
State of similar laws upon the subject of in
slrance. Insurance has become q science
F with fixed and well-dcfncd principles of al
most universal application, and there nc
longer exists any reason for the great diver
sity of laws which have heretofore obtained
in the different States for the organization
management, and practical working of insu
rance companies.
The same principles which should contro
the organization and management of insu
rance companies in Virginia are equally ap
plicable to companies organized in Massachl
sets OF California.
In each State insurance business is trans
acted, whether by domestic or foreign com
! panies, by authority Of the laws Of the State
and those laws should be such as eXperienc,
e has demonstrated afford the most ample pro
: lection to the insured and the insurer alike
t I submit herewith the draft Of law prepared
and adopted by the Convention, and by i
/. recommended to the several States of tn.
f Union. Many of its provisions meet will
E my hearty approval, and I commend tht
whole to your careful consideration.
! VIRGINIA HISTORICAL SOCIETY.
also transmit herewith memorial Of thu
{ Executive Committee of the Virginia His
, torical Society, which would have received
: favorable mention in my annual message bu
for the space occupied in the consideration
: of other important subjects.
G. C. WALKER.
n THE HALL OF THE HOUSE OF DELEGATES ha
been granted to the international Typo
n RI hold ifc