Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1894-02-15
NOT PEOPLE ENOUGH.
BeRkLeY's POPULATION TOO SMALL
TO MAKE or IT A CITY.
Various Phases Of the Oyster Law Being
Observation-Disclosures Mstters-Other
Committee Notes.

The House Committee on Counties.
Cities, and Towns held a special meeting
yesterday afternoon TO consider the legal
objections raised to the bill introduced by
Mr.. Newberne. by request. to incorporate
ting town Of Berkeley as the city OF South
Norfolk. The contention OF those opposed
to the charter was that the steps taken
to ascertain the population OF Berkley
were irregular. and that the application
for q charter was not made In the man
ner prescribed by law.
a large delegation OF citizens from
Norfolk. Portsmouth. Berkeley. and Nor
folk county were present, and much IN
terest was manifested in the argument.
which at one time waxed hot. Colonel
X. c. Marshall Commemorative Attor-
ney for Norfolk county. opened the argu-
ment with an opposition speech. he cited
the law. which requires that no town
Of less than 5000 Inhabitants can be CHAR
tered. and claimed that II there were S,VvD
people resident In Berkeley the Judge OF
Norfolk county had been derelict in not
certifying this fact.
Captain John w. Hopper Common
wealth's Attorney OF Portsmouth. appear
ed in favor of the charter. and stated
that the four enumerators OF Berkeley
had certified that the town had more than
500 inhabitants. He dwelt at some length
on the Constitution. and closed his ADDRESS
with a strong appeal for justice.
NO PROOF OF POPULATION.
Mr. r. j. Wool, OF Portsmouth. claimed
that there was no legal proof that Berk-
ley had the requisite number OF citizens.
He suggested that s. per cent. OF the tan
payers Of Berkeley were against incorpo-
ration.
Captain George Wayne Anderson, or
this city, made an able argument Tor the
charter. I'm which. after quoting the Con-
stitution. he stated that IL IL mandatory
on the Legislature to elect for Berkiey
a city Judge and to grant the town II
charter.
Mr.. John Nicely closed the argument,
and spoke against the measure. He not
only argued that there was no legal evil
dence that there are 5000 inhabitants In
Berkeley, but that there was no evidence
whatever to substantiate the claims or
the gentlemen who had preceded him. lie
spoke for some time directly to Mr.. An
derson, and stated that there had not been
one scintilla Of evidence submitted on
which 10 base the claims OF Berkeley for
a charter.
The committee went into executive ses-
sion. and after a short discussion decided,
without a dissenting voice, to report the
bill with a recommendation that 1t do not
pass.
DISCUSS OYSTER-LAWS.
The Senate Committee on Fish and
Game, and the House Committee on the
Chesapeake and its Tributaries held a
Joint meeting in the Senate Chamber yes
terday afternoon, and after reporting a
number of local bills, took up the bill to
establish by straight lines the rights of
riparian owners along the shores ana
islands of the Chesapeake Bay.
Mr. LeCato by request, introduced this
bin as a general measure. but In the COM
mlttee yesterday evening offered sub
stitute for it, applying its provisions to
Fox Island or islands alone.
MIR. ELLENGER EXPLAINS.
Mr.. Ellenger. the owner Of the property,
appeared before the committee and eX-
planned that the passage Of the bill was a
necessity TO his maintaining himself upon
the island. The present law vests riparian
rights 10 low-watcr mark. but the troube
IS to define where the watersheds are,
what is low-water mark. The object of
the bin Is to run straight lines from fixed
points on the shore which VIII bound the
riparian rights. Mr.. Ellenger claims thar
owing to the irregular conformation or MS
shore. he would in a system of straight
line boundaries surrender TO the State ae
much planting ground belonging TO him
under the present law as he might take
I'm outside TO the existing riparian line
Mr. Tabb objected to the bill. He SAD
the proposition would give the owner the
aaA hn 70
not get an adequate return. He did not
see why the straight-line system should
apply TO one owner and not to another.
CAPTAIN BAYLOR'S VIEWS.
CAPTAIN BAYLOR said that Fox Island was
an exceptional piece of property. MT.
Enenger wished. as he understood u 10
give and take on a fair basis, to be deter
mined by the Coast-Survey.
The bin was passed by with the under
standing that it would be amended 80 as
to express that the State shall receive
as much as she gave and reported at
the next meeting of the committee.
Mr. Hathaway's bill allowing the trans
FER of licenses of oystermen was passed by
until this afternoon, and the committee
rose.
SENATE ROADS COMMITTEE.
The Senate Committee on Roads and
Internal Navigation met yesterday after
noon and reported Il number OF bills,
among them Mr.. Lovenstein's bill TO incor-
porate the Richmond and Northern rail-
road.
The Richmond and Manassas road bill
was passed by.
The committee expected n lively fight
over the bill TO charter an electrician line
that would parallel the present line from
Newport News TO Hampton and Old
Point. Delegations in the interest of both
lines were here, but they compromised the
matter. and it did not come up in the
committee.
HUSBAND AND WIFE.
The House Committee for Courts Of
Justice to-day reported favoraby, with
amendments, Mr.. McRaes bill allowing
husband and wife To testify I'm civil cases.
except in suits to set aside fraudulent
conveyances made by husband TO wife.
and vice-versa; and except in divorce
cases. In criminal cases the husband and
wife may testify for or against each other.
but cannot be compelled TO testify
against each other. Neither husband nor
1wife can testify as to statements made
by the one TO the other during the mari
tai relation.
The committee also made favorable
report on Mr.. Bryant's bill to restrict
druggists from selling other than drugs
or prescriptions on Sunday
HOW THEY VOTED.
Considerable interest IL felt in the vote
taken in the House on Tuesday on Mr..
Cabelrs amendment requiring the Rich
mond and Danville Railroad Company TO
keep all Of its general offices in Virginia.
The detailed vote is given below. from
which ii will be observed that Of the
four Richmond members recorded three
voted for and one against the amend
ment:
Ayes-Messrs. Allen. Anderson, Bar
ham. Binford, Blakemore, Boiling, Booker,
Cabell, Caddall. Coleman. Cooke, Cox.
Craft. Crump. Diggs. Farhney. Gregory.
Harris. Harrison. Harwood, Kendrick,
Koiner, Lee, Logan. McRae Men. Pax
ton. Perkins. Pretty. Pretlow. Richardson,
Kicks, Sanders. Saunders, Seger. Shelley.
Slemp, Tabb. Thompson Is. A., Tomney.
Turner. utz, Vaughan, Weaver. White.
Wilkinson. Wilson. Withers. and
Wlthrow-4e.
Nays-Messrs. Bendheim, Boykin.
Brooking, Brugh, Burks. Byrne. Camp
bell. Clark. DeJarnette Downing. Eanes.
Edmondson, Evans Fentress. Gibson.
Graves. Hall. Harrison (Randolph). Hath
away. Hunton. Irvine. Jones. Keliani.
Mason. Massie, Miller. Moon. Nelson.