The times. [volume] (Richmond, Va.) 1890-1903, 1890-02-01
THE GEN ERAL ASSEMBLY
REPEAL or THE AMERICAN TO
RAccO COMPANY'S CHARTER.
Appointment Of Electoral Boards-A h'h
to Prevent small Boys Prom Bcoom'ng
t,asc,ls-Ihc Capital Removal scheme
n.a.t,.d- ofher Matters

oaashcd-Othcr Matters.
hiring the session ofthc senate yesterday
Nr..llurt called for the special and con-
tinnlnQ order. which had been hNcd LOT con
s,.irr,fion ON Thursday: House bill 10 re-
,.o,l no charter of The American Tobacco
s.n,nanv. Granted Just before the holidays.
Nficr "a brief informal talk as % whether
t,is nill or that 10 abolish the compulsory
,iiotoro and coastwisc vessels had priority
=, was decided hv mutual consent 20 take up
thc former. and there followed one Of the
most extended and interesting debates OF
the session. ..-,.
eli we have Che right 10 repeal" said Or,
Moore. the first speaker, 81 am IN i'Noi Oh
repeating. five have not the right 40 MOI
think We ought % do so. 10 has never 'ech
disputed that Legislature has the right 70
onnul the privileges of public corporation
.,ith ,rixafe generations the case Is differ
.nf aud thp American Tobacco Company II
+. rri,aio CORPORATION. Prof. Minor IN the
first volume of his Institutes, says that 10
impair The obligation before It's expiration
1in e,,ch "A case as ihis) is unconstitutional.
And the only way the act Of the American
Tobacco Company can be revoked IL IN the
..ent that fhc company have refused 10 ac-
cont the charter: acceptance must be pro
.utnod unless proof is shown to the con-
trary. Proof has been given OF acceptance.
mo corporators had accepted the charter,
and in Mr. Moore's opinion, the act Whether
GOOD or bad. must stand for MY years.
Mir. Peters favored repeal. III the coIPo-
rotor. had accented the charter IT was
~ nro,ent the Legislature from annulline
tbe same; though judicial notice was served
ON them that the Legislature, in the shape
III the resolution introduced looking 70 the
repoal. As 10 the merits OF the measure
There were certain privileges asked by II
that he could not endorse; the principle OF
h i. wrong. To giyea company existence
for Gny wears without amendment or re.
roaI was enough 20 make man stop ana
think. Fifty years is long ume' gam.
lie was opposed 20 the act because IL
was in the nature Of a trust. lie was Vp-
posed "a trusts. and would always uee ms
if-f cndeavors % break up such monop0-
lies. lie wanted 20 see the state butt up;
he would do all he could 90 bring capita TO
her. aud make her blossom as a garden OF
roses. but such trusts and corporations as
would crush out an small dealers ana give
The corporaiOrs complete control Oh ihc
markets. he would forever oppose.
Mr.. ZONES. bv way Of preface, said he was
NOT interested In the pending question. lie
then gave "a running account OF the intio-
duciiOn Of the Incorporating measure, ts
passage. confirmation, acceptance Nc. Inc
question that now meets the senate IS wheth-
ar a repeal can bee made OF any aNall. ~
the repeal could be made legally he would
he In favor of 10. The line Of authorities
showed. however. that such repeal was
contrary f. law: therefore the bill before the
body would only throw the company into
Hfitaiien. Nr. Jones said he had looked al
hin before It's passage. but he had seen nOth-
ing objectionable in il. True, very extra
ordinary longevity WAS given 10, but the
senator's representing farming interests had
raised no objection 90 II. In regard 10 the
charge that the act would Affect the agficui-
tural interests, be for one did not thluk SO
Mr.. Blackstone said no member could vote
% repeal the bill and sustain his actioh.
lie had never seen anything wrong IN the
liil buf 20 repeal 1t ne thought impossible.
Nr. Iovoustein. the patron Of the original
lilI said lac had intrOerccd IL I'm the regular
,vav. which was referred 20 "a committee.
md after inquiry had been made the bill
MAS reported 10 the Senate fay0rably. In
the senate IL was duly considered and pass
,d. Sir. Iovenstein thought IL was wrong
now 10 take any action looking TO repeal.
MIR. Rawlings said the Incorporating Dill
Aad been passed inadvertently. lie dll not
blame any Senator for IL, and up 10 this
fimo he had never had an opportunity 10
favored the repeating act. HIS constituents
wanted ~. ,,,
Air. Ileeton remted the idea that the bill
hal been inadvertently passed, ana he
called for the reading Of the record 10 sup
port his assertion.
Nr. sands believed with Mr.. Moore, that
the LEGISLATURE had no right 10 repeal the
act. 10 annul would be contrary 10 the
Constitution of the United States, and also
the state Of Virginia. If remedy is sought
il il 60 be- had i'm "a court Of law.
Nr. Woods. who might be termed the hui
morist of the Senate, said he was afflicted
with tho disease worse than the grip, and
couldn't talk much: but whenever he did
ANYTHING he was sorry for be tried 10 make
ronaration. every man here is sorry he
passed that bill. let US do our duty here
today and repeal it, As 10 what the courts
would do then, that's none Of our business.
At the time the Senate was trying 10 repeal
Che hin hy resolution the Governor was sign
inc his name 10 the Incorporating measure.
Ar thew had done right they wOIld have come
10 the Senate and said we don't want this
bin III YOU don't want us 10 have H..
Mr.. ~tubbs. chairman Of the committee
a. which the hill was referred, said IT bad
loen mafurcly considered before the COM
mittce. and i'm the senate IL had passed
without "a dissenting voice What harm
can the original bill do? ,lr. Stubs could
soc none.
Mr. Gordon said the main point had been
overlooked that is, that whether the Legis-
lature OF Virginia gives charter or not,
the American Tobacco Company had
already "a charter from New Jersey, ana
could operate fully under that' ana prOOa-
bis ii would De best TO keep the industry III
Virginia and have the headquarters here
rather than let them 20 to New Jersey.
Mr.. Hurt said the act gave the American
Tobacco Company absolute control over the
markets OF the world, and whether the New
Jersey law gave them power or not, he was
not in favor OF giving the act countenance
in Virginia. 4 blundef had been made,
and il should be corrected. Mr.. Hurt con-
fe-.cd that the bin had passed somewhat
without his knowledge, but he had asked
Mr.. BOYD, one OF the corporaiors, about H.,
and ne had said that there was nothing OBJ
icctionabic i'm IL. and furthermore, that II
the half century clause was repugnant he
and his associates would agree 10 reduce IL
10 fifteen years.
Mr.. Berry said his excuse for OBTAINING
the senate moment was that ne repre-
scented purely tobacco growing section.
lie was opposed 10 the bill on the two
Grounds that the General Assembly had not
the right 10 repeal the charter, and that its
repeal. II legal. would work iniuriously To
tobacco growers.
4 vote was then taken, and resulted in the
passage OF the bin by the following vote:
Ayes-M essrs. Acker, Cornett, Dunn,
Folkes. Gose. Griggs, Harrison, HUBBARD,
Hurt. jordan, Lawless, Little, Lloyd, Nc
Donald, Peters. Rawlings, Roberts, smOot,
and WOOdsl9.
Naves -Messrs Echols, lIeaton, johnson,
Homes Ioyenstein. Moore, sands, and
" ickham--S.
Before the note Yas announced several
cxplanadOns were made.
Sir. Gordon said am paired with the
senator from Charles City, Mr.. Nance. II
he was here he would vote for the repeal
and should vote against IL.
Mr.. Berry: | am paired with the senator
from Petersburg. Mr.. Peasants, who, II
present, would vote for the bill. l should
vote against IL.
Mr.. ~tubbs. beg 10 withdraw my vote,
Mr. President. having voted without think
ine. 1 am paired with Mr.. Dudley. Of
Franklin lie would vote in favor OF the
bill. and against 10.
Mr.. Blackstone asked 20 be excused from
voting, and Mr. Hurt moved that the re-
quest bc granted. Mr.. Mcdonald objected,
but the Senate voted 20 excuse him.
Mr.. Little. when his name was first called,
voted against the bin, but he subsequently
changed his vote % "aye' on is passage.
Bfienv stated. the Senator from fredericks-