Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1893-08-03
OUR STATE LAWYERS
ADDRESS ON THE DUTY OF THE PRO-
FEss,oN AS TO CHANGES
Mr.. Allan watts Ably Diseases Taxa
zion. jury system, Corporations. and
Csary--other Notes.
rsocc,a, telegram to the Dispatch,

N
valuable information and suggestions en-
titled "Ext.insio Evidence IN Respect TO
Written instruments" II was listened to
with close attention and was received with
evident satisfaction and approval.
Al the evening session Mr.. J. Allen watts
gave an interesting paper on Duy ~,
the Legal Profession in Regard 10 Neeoeo
Changes in Legislation. 81. ~.
After An elaborate introduction. Mr..
Watts took up various branches OF tne
statute law and discussed their imPeriec-
tions and pointed out such changes as ne
thought would DO OF su'an'"S0 " '"0
State at large.
lie first discussed the tax laws OF the
state OF Virginia. urging strongly that
those laws we're Inadequate and not IN ac-
rord with the modern ideas OF taxation or
the modern requirements OF business; he
pointed out how the tax question was
complicated on account OF national Taxa
t;on and the taxation In other Statea,
stating that the burdens of the State-tax
sbould be adjusted with reference 20 the
oShpr two forms of taxation: that while
Tho subicct of taxation was too vast to be
treated in a paper Of this kind, he would
endeavor 20 point out few OF the disad-
yantagos Of our law.
DOUBLE TAXATION.
He took up first the question Of double
taxation. showing how that one value was
taxed twice under the present law that
tie rnortgager. for instance. was taxed on
the land aud the mortgagee on the notes
given for the money borrowed; how pro-
nerty Is taxed and the income derived
nom the property; how corporations are
taxed on their plants and the stockhoid-
ers taxed on the stock which simply repre-
SCENTS the plant. He discussed the as
e IG NaH oh
ing that the assessments under the
present system OF taxation arc ne
ccssprily inequltablo and unjust and
umuung out further the very great dit-
ference IN the taxation Of personal and
real property in the State, ana urging that
II this system was 10 be preserved there
should be IA mode devised 10 get az per-
s1nal property more efiicaciCusly than at
present. He stated that the general
property tax IS the keystone of the arch
oi taxation IN the States. Twenty-slX
States have "a capitatlon tax, tiye States
have AZ income tax. and five States have
an inheritance tax.
Mr. Watts gave a number Of figures
showing tde operation of the teX-laws IN
the State and urged strongly that these
figures demonstrated that reformation
ia the mode of taxation should be made,
and be- made immediately. He said that
purtance: that the average citizen works
one month out OF twelve for the privilege
OF being governed that "A COMMISSION
should be appointed IN Virginia. with
iow I % look INTO the whole subject and
recommend proper. equitable. and Just
SIS stem Of taxation that whilst taxes are
the source Of tho States strength they
are, unfortunately, often the source Of
tlc citizens weakness: that such sub
jcct could not be properly handled IN the
limited tMo given 10 the state Leglsla-
turr, AMI commission was the only thing
that could examine INTO II and do justice
TO the subject
CHANGE u JURY SYSTEM.
After having discussed the tax laws as
fully a. he said his time would permit,
Nr. Watts took up the subject of iuries
lie stated that oar jury system had been
ORIGINALITY adopted 20 carry out the ideas
md 90 meet the necessities OF people IN
"a seiui-barb ArlOus condition that 1t had
outgTOWu Its uses tina: It TWO men had u
controversy and proposed 10 submit II TO
arbitration they WOuld never think OF
having more than three arbltrators; that
ia oil modern decisions OF the KIND, such
~ COMMISSIONS Tor the assessment OF dam
Ggos under eminent domain, there was less
than twelve, aud he urged that there
was no necessity or re ison IN the
number Of twelve beng preserved
Dy the States; that it Was onerous,
cumbersome. and oven operated to
rctard Justice: that II was Oncrous on the
state and to the Juror. He showed the
enoImous amount paid Is the state tor
t.Iies IN civil cases and pointed out how
burdersume the service of Juror was to
4 man engaged III business or III farming,
and rs the result large number oi eX-
empuOns rad been made, enabling the
bset qualified businessmen 10 escape SER
vice. while the farmer had TO leave his
crops sometimes 20 SIT on jury Tor two
wecks, or even longer. at an actual eX-
prnse TO himself, the compensation not
beng enough to pay his actual daily ex-
peuscs. lie advocated strongly jury OF
i less number than twelve, ana II the
number was 10 be twelve that less than all
unanimous decision could secure YER
diet, stating that Inlstrials on account of
hung luTies were fruitful sources OF de-
Law. expense, aud trouble
MIR Watts dwelt fully upon this subject,
showing that tho expense IN one county OF
the state. at least, which he bad examined
FULLY. was very large and that juries IN
civil cases cost the county very much more
than luries IN criminal cases cost the
State.
CORPORATIONS.
He next took up the subject of corpora
tions, stating that Mr.. kean, IN making his
address as president of the association,
called attention to one OF the GrievOus
mistakes made by the Legislature that rs,
in allowing one corporation to subscribe
TO the stock Of another; that this opened
the doors wide for fraud and misuse OF
corporate franchises. and the bad results
had been seen all over the State lie fur
Their pointed out that corporations. having
the enormous power that they do with q
small personal liability upon lt-
members, would be q source OF
unending trouble and misfortune III
the State unless properly restricted
hy laws. He urged that every corporation
should. before organizing finally. make q
full statement TO the Auditor of Public
Accounts. or some other officer selected by
the Legislature. showing the amount OF
capital subscribed and actually paid in
that this report should give the names OF
the subscribers and all necessary informa-
ton Us TO the business, &C.. of the corpo.
ration, and that at least 10 per cent. of the
capital stock of tho corporation should be
actually paid up before any organization
should be allowed: that the laws IN regard
20 courts aud legislative charters should
be more eXact. and that, generally, the
laws should be more tull and more eX-
plcit as TO the rights and obligations OF
companies.
UgURY.
He discussed the subject OF corporations
somewhat further, and then took up the
subject Of usury, stating that our usury
laws at present only made monopoly OF
the lending of money N the State OF Nlr-
gina that the bankers in the State
knowing the people and believing tina,
they wonld not plead usury, did not hesi-
tate to loan them money and charge what
ever interest they pleased; that outside
bankers and capitalists, not knowing
the people in the State. declined 10 lead
their money at all, as per cent. was
less than could be obtained else
where, and that really they did not
get per cent. because they had TO en-
ploy agents to look after their interests III
the State: that farmer could not Dor.
row money with any advantage to himself
unless he could get II for a considerable
period of time. so that he could use 1t IN
improving his farm and stocking II, and
out Of the results Of this Improvement
pay back the money borrowed and the IN:
terest thereon: that money borrowed
from the bank al sixty days or at the most
four months did not enable him o. do
this
nr. Watts stated that he believed II
money was allowed to be loaned IN this
State at 75S or 5 per cent. under special
contract that il would DO plentiful; that
farmers and those needing money In their
business could get II. and get IL in @ way