The times. [volume] (Richmond, Va.) 1890-1903, 1893-08-03
Mr.. Tucker Advocates the Report Of the
Reform Committee, which Proposes TO
Amend Certain Sections of the Code.


John Randolph Tucker is the leader Of
the reformers. and has, IN Mir Robert
Barton, OF Winchester. an aole heuten'
ant. Both Of these gentlemen have
argued ably i'm behalf Of reform.
Immediately after the opening Of The
Association this morning a paper enti
tied "Extrinsic Evidence I'm Respect tC
Written Instruments" Tis read by
Charles A. Graves, Of Lexington. The
paper was a most instructive one, eiv'
ing an elaborate explanation OF extrinsic
evidence in aid Of the Interpretation o.
a written will, showing how far outside
facts could be accepted in constituting the
real intention Of a testator.
The report Of the committee 20 RECON-
mend officers for the ensuing year was
next read. The report nominated the FOL
lowing officers, who were unanimously
elected For President, Judge Waller r.
Staples, of Montgomery county; Vice
Presidents Il. X. Henry Of Tazeweh
county, James Z. Harrison of Danyille,
George Mcintosh Of Norfolk X. Walton
Moore Of Fairfax. John j. Williams Of
Winchester. The following changes We're
made in the executive committee: William
j. Leake of Ashland, vice r. J.. Henley,
retired. and Eugene c. Massie Of Rich
mond, vice C. V. Meredith retired, for
Secretary and Treasurer jackson Guy, Of
Richmond. reelected. The following dele
gates 10 the American Bar Association.
which meets in Milwaukee on the first Of
September next, were chosen: Thomas ii.
Wilcox Of Norfolk. Samuel Griffin Of Roa-
noke and II. II. Downing Of Warren.
The discussion Of the report of the spe-
cial committee on law reform. which had
been continued from last night was re-
sumed
John Randolph Tucker, who claimed
the floor last night, just before adjourn
inert. ascended the platform amid ap-
plause 10 reply TO w. y. Petit. Of Flu
wanna, the leader OF the opposition forces.
Mr. Petit, who is a lean, lank old gem
tleman, with long, thin, straight hair
reaching about six inches below his coat
collar, surprised the legal talent last
night with his Byronic satire and ridl-
cule. He kept the members In an uproar
OF laughter as he poured hot shot into
the reform committee. using the gifted
Tucker as a special target. For this
reason. and it being known that Mr..
Tucker himself is also noted for his
wit and sarcasm, great interest was
manifested IN his speech. His address,
however, was somewhat disappointing in
this line, for he did not put to flight
the hitherto unknown genius from the
land Of huckleberries and persimmons.
Mr.. Tucker in the outset Of his re-
marks urged the members TO keep up
the good work begun a year ago and
not be guilty Of violating the honored
maxim: "Multa vestigia retorsum." Nir-
gnia should move I'm this great march
of JURISPRUDENCE which had even been
sanctioned by the mother country. They
only asked that the same court IN the
same course should be allowed 10 adj
minister the law. The committee did
not ask that the law and the equity be
consolidated. but where there was a con-
fict, that the latter should prevail. He
did not believe in taking two bites at
one cherry.
Mr.. fuckers remarks were interspersed
with humorous references TO his ancient
and venerable friend from "Old Flu"
Mr.. Petit, which conyulsed the house
in laughter.
The report Of the reform committee
proposes twelve bills which shall be
presented 10 the next session Of the
Legislature. amending or repeating GER
tain sections Of the Code OF Virginia.
The first bill has for its object 10 pre-
vent distinctions in actions on contracts
for recovery of money from impeding the
course Of the action. The second pro-
poses TO do away with the general issues
and all special forms OF pleas The third
provides in substance that all deuurrers
shall state specifically the grounds Of
demurrer relied on. and no grounds shall
be considered other than those 50 stated.
The fourth is TO do away with certain
technicaliues In pleading relating TO the
conclusions OF traversers. The nth pro-
vides in short way that every plea
10 an action on contract for payment
q -
plea 10 declaration on contract sworn
TO must be sworn 10. The sixth is an
insignificant change in the phraseology
OF section 1912 of the Code. The seventh.
which proposed 10 allow the Judge 10
sum up the evidence has been dropped
by the committee, MIR. Tucker giving no.
tice 10 that effect this morning. The
eighth provides that in every proceed
Ing at law the principles OF common law
and equity shall be alike applicable and
the same relief shall be administered.
so FAR as the nature Of the proceeding
viii admit, but wherever the principles
Of law and equity conflict, the principles
Of equity shall prevail The ninth pro-
vides that In any case Of an action Of
trover or detinue. either Of those ac-
tiOns may be maintained. The tenth con-
sists Of requirements as 10 forms of pub
licatiOn, providing that I'm any action
The plaintiff may reply TO as many mat
tiers. whether Of law or fact, to the
plea as he may think neces-
sary. The eleventh In brief, provides
that the summons in an action Of un-
lawful detainer may. when issued by n
justice, he made returnable 10 any justice
Of the same county or town within the
same magisterial district, and If the de-
PENDANTS appear and plead the issue
shall be made up according to the prac-
tice regulating pleading I'm personal &c
tions. The twelfth is an immaterial
to section 1884 Of the Code.
relating TO defense. The report is signed
by S. g. Z. Patteson. chairman; Messrs.
Thomas S. Martin. William Lille. r. r.
Barton. ]. II. Tucker and r. T. w.
Duke.
The report is very voluminous, cover
ing thirty-three pages of printed matter. |
The following new members OF the as
were chosen; Thomas J. Kirk |
natrlck OF Iynchburs. William Wallis OF |
Big Stone Gap, Joseph VI. Kelly OF Big |
stone Gap, Martin Williams az Bland |
j. r. Whitaker OF Winches- |
ter. w. Roy Stephenson OF Winchester, |
]. u. A. Hudson or Lexington. Va. Gra- |
ham Clayton Of Bedford city II. III. |
Jackson Of Front Royal. Raleigh C. |
Crumpler os Suffolk, Joseph f. willard |
Of Fairfax Courthouse. Paul Petit Of |
PALMYRA, Thomas j. Randolph of Nor |
folk, James s. Browning OF Tazewell, |
LYMAN Chalkley OF Covirgton, j. A. |
Alexander OF Staunton. William Dryden |
Tennant ~ Richmond Va, NJ. NJ. Martin |
~ Richmond. Va. Charles r. Lasster |
~ petersburg. d. J. Barton OF Richmond |
wilijam i. Wickham OF Richmond, John |
=, y,e,a,n,, ~ Coviucfon David H. Moore