The Roanoke times. [volume] (Roanoke, Va.) 1890-1895, 1893-08-17

and inviting competition; It prevents fraud upon
the subscriber TO the stock and on the creditors.
The publication OF its business would prcvcnl
the watering OF stock, the selling OF stock above
| lite value and the getting OF undcscrved credit.
| laws for sclf-protection. New York requires
every corporation Incorporated under the manu-
featuring act. to file r certificate showing Its
capital stock has been raid up in full. The State
OF Pennsy lvania has sdopted very stringent laws
Tor inc government OF its fo!p oratons. IncE "Ic
charters arc not granted unless large part OF the
| capital stock has not only been subscribed but
paid in, and imposing a considerable tax for the
| privileges granted. Ohio imposes double liza
blity ON so kholders for the debts OF the corpor
| alton, and under the new constitution OF Mics
| issippi, foreign corporations doing business in
| that state are compelled to be domcstcatcd, and
they arc denied all privileges unless they are So
| domcsticatcd.
These are simply samples of the laws which
being passed all over the country TO do away
with the evils have mentioned.
Corporations at present practically ire.
| sponsiblc. There is no adequate machinery pro-
vdcd for Furnishing them for dcreliction of duty.
| There should he statute passed in regard 10
| their dissolution and winding up, especially when
| they become insovcnt, when they arc, in
any way, guilty OF infringing the laws OF the
state.
While not desiring to criticize our code must
cay that II il full enough upon the subject OF
| corporation law. nor is it explicit enough rhc
| common law. which is the ground work OF
law is the law an agricultural people; so far as
| lands and the rights relating thereto are con-
| cerncd, II was highly refined but although very
flexible, It is not altogether applicable to the COM
| large corporations or the Joint stock company
kind. organ zed 10 carry on business requiring
large capital were almost unknown. New inven.
tions. the telegraph, the telephone electric cars,
ETC., continually give rise 10 questions 10 the
ply Old principals TO new facts by tho different
state courts aud also the Federal cSurts-a OF
whose decisions are reportcd-thc law has be
come uncertain, the decisions conflicting and il
il almost la possible 10 r, concile them. As c,n-
sequence. lawyers hardly know how TO advise
their clients and cannnt he certain at any time
mat tncS nave ADVISED hem correctly, These
evils should be CORRECTED h; legislation The law
in regard to corporations should be IN lde more
full. explicit and accurate
Complete uncertainty in law diners little
from the absence OF al law"
Any lawyer in the last few years who has tried
| 10 evolve any correct set OF principles from the
numerous decisions will agree with me that VIC
| arc i'll II condition OF almost complete unccr-
tainty at this present time.
| The experience OF tho State in the last few
monopollcs u fnnctio, OF the state, while rs
far as possible their dom and liberty of trade
must not be intcrfcrrcd with. yet the creditor and
| the community mus: be protected. The present
| laws favor an unhealthy s,iritof business. he
| gamblers lust for gold becomes the general
characteristic of the people: tho old honest safe
and respectable methods or acquiring a compe-
| tcncy arc too slow and plOddiugs and under the
Influences OF these creatures OF the law, the
feverish passion for riches has sliced thousands
who have neither the ability or tho mans to In
dulgc their passion for speculation. The result OF
tho after crash in this State has bs eli 10 lower the
justice ''- ''''''' '''e' s''S' VI
l TIC next SunleCt 10 Wulcu | desire 10 call
attention Is one which 10 my mind is OF very
great Importance. allude to the trial OF civil
cases by iUrcs.
The present system of jury trials was adopted
under oiifercnt civilization, different invirou-
mcnt aud condition OF society when iurics were
not only judges. hut witnesses. 1t has now he
come oncrous and cum bcrs0me. often defeats iu--
ticc ana nearly always delays II 1t is oncrous
to the Stiic and TO the Juror. The ide ! Juror
foreiathcrs when the jury sy.tcm was hrs; in.
augdratcd. that il, a man Of the vicnaec inter
cstcd in the welfare and the wcll.beinc OF the
community engaged III work that will benefit
himself, his family and the State. In other words
respectable. intelligent business men aud farmers
Such mans service On the jury for "A week or
as IL often tho for several weeks is very
serious burden: his Affairs have to be neglected:
his business suTcrs and his compansafion az
MY cents day does not pay his actual penses
AS result exemptions from Jury scrvic. arc
more numerous than wise, and these exemptions
are o, very little avail to the class that suffers the
most. refer 10 the farmers The exemption=
in a large measure do not apply to this class OF
our citlzcns, hut 10 the Business men and resr
cents In cities who az rule, have clerks, partners
ana associates who can, in measure, nil their
| place The iarmcr has no clerk 10 leave in charge
or MS stock, to take care OF his sheep, TO gather
his crops. As rule he is the least interested OF
any man in the community in the court seldom.
| II ever having case; paving large part OF the
taxes, vet required 10 serve jurics in the Iii
CATION OF matters that can be OF earthly inter
eat TO him nj the expense OF his individual fimc
and attention and further burden to him a.
taxpayer. Ii !s oncrous to the State. or rather
| 10 tho counties and cities OF the State. because
|
| nokc FOR the year ending ut the July term, 1873
| Inc grand 1urcs cost $al.0S The iuries in Grim.
mai cases cost S5Ig :, while the Jurlcs for the
trial OF civil tried In the circuit and counTv
courts cost the enormous sum OF 81 ,2Gi 3i In
me CITY OF Roanoke The Grand jnricS for the yea
! chuing July, lSi3. cost Slgj lurics in criminal
cascs $lCyO while the jur.cs in the civil cases in
the Illus ings ana circuit courts cost the large
amount OF Sl,SSS0i III casc In Salem he.
| tween land company and citizen OF the town
| OF Salem the jury has cost already : - 90
| There was mi>-trial and tho case will nav 70
| II. mr. =
! and very likely with Increased .xpcn>e each
| time III another .sc between citizen OF Salem
ana railroad company the jury cost $500 cs
| The case was decided in favor OF the cnnuIny
In other words Tor he trial of these two casc- the
| county OF Roanoke paid the sum OF Sij3tS
which ha- come out o. tho pockets ~ tho farmer
ana taxpayers of the county with no decision i'm
| ono case ana no recovery i'll the other | have
! h.u no opportunity TO examine the records az
othcr COMMITTEES. ] took the city and county OF
honnokc ~ two fair examples except thar III.
! criminal costs or Roanoke are larger than those
OF any city in the State III proportion 10 .ts -ize
IL i manifest that the expense OF criminal trials
! Ill The state. about which there = /, rrcmrniou.
/ amount Ot interest taken, T. nor OF 80 much M,
! pnrlahce "a reformation of civil Jury trials
! hcsc amounts ONLY repicscnt the amount paid
III money from the taxpayers, INT thcy do not
| represent an cqupl or very much yrc.ter drain
| on the community in the time oocapicd 10y that
great number % iGrOrs who arc kent from ibcir
business and from being producers / believe
S210.LCJ j. paid Out hv the cities and cnunt,r- ~
| the State for civil jurors.
| The question that raturilly presents fi,e'f 20
| the mind OF the intelligent man in contemplate
| Ing ttcse facts i does the good OF this system
| conntcriaiancc it, evils: The laws delays from
/ me earliest time have been the repronch and
shauic oil our profession. In magma charta ii j.
insect win me dcnials and the selling Of Jus
tice, vet find al This late Ciav wac cy.rv othr
| science l. making enormous strides towards i'm
Pro'cihcht, the delays are almost ~ great II no;
| absolutely n great a. ihtv Wcle u hundred wears
hso. Onr Jury system IS IN 81 large measure re
poi.,!pc ios inns statc OF Affairs: trial before
iu'N y a!W"Ss more prOtractc In length than
before lndgc- mis- trials are frequent
Inc delays incident to the Jury service are
nai'c.ons. am aware OF the vcnration. ana
- IL