The times. [volume] (Richmond, Va.) 1890-1903, 1895-11-15

OF the judicial Office: Mcintosh VS.. Bra
den, 80 Virginia. ri declaring uncoLsu-
tutional an act referring the right Vi
appeal TO the Commonwealth ~ ever
case TO which she was party. western
Union telegraph Company vs.. WILLIAMS
" Virginia. $50 (settling the rights OF aDu,-
ting owners IN the soil under a pubic
road: and in Hodges VS.. Seaboard ana
Roanoke Railroad Company. ~ Virginia
GO. he delivered a conrurrlng opinion dls-
playing great research and an acute per-
ception. This case Is OF great value. roll
lowing Western Union Telegraph Com
pany VS.. Williams. II determined the
rights of abutting owners On the streets
Of municipal corporations, and that lay
ing railroad track therein, is an ad-
ditional servitude on the soil.
pronounced and sometimes even asgres-
s.ve in his dissents. AS far as my recol-
lection serves me. have rarely read so
pungent dissent as that delivered by
81 Virginia. ~ In the case of Whiting
vs.. Town OF West Point, 81 Virginia, 800,
which attracted very general interest In
this and other States. Judge Lacy dis
scented from a majority OF the court
which held that municipal corporations
did not have the constitutional right TO
exempt from taxation. and in the Mary
Miller case. s. Virginia, OILS. ne also dis
scented with great emphasis, and his
views have been substantially adopted by
the present court, and thus the former
case overruled II is also to be specially
noted that he dissented I'm the case OF
Profit VS.. Anderson. - Southeastern. ST.
declaring unconstitutional the day-labor
system Of maintaining the public roads,
though such system had been in vogue in
Virginia for century. He participates
I'm the decision OF the great case OF the
Protestant-Episcopa Educational Society
VS.. Churchman. 80 Virginia. us. which
overthrow forever, IT IS 10 be hoped, the
doctrine Of Gallego's E.x'or VS.. At
&C a. I..Fr In
definite charities
Steele suggests that a man advanced
in years, who thinks fit 10 look back upon
his former life, and calls that only life
which was passed with satisfaction and
enjoyment. excluding all parts which were
not pleasant TO him. will find himself very
YOUNG. If not in his infancy II this be
the true measurement to determine the
duration Of life. then the honored Judge
lived 10 a ripe age, for few men ever
found more zest in the discharge OF
their dairy duties than did he. whether
in legislative halls, at the bar, or on
the bench
THE SAD End.
IL Is indeed sad ref .ction that SO
soon after the occupancy OF this conven-
lent court-roo IN in this new and state
ly building, tnat you should be called on
to suspend your important work for q
while TO receive and enter upon your
records memorial to departed broth
the massiyeness or this greceful structure
so beautifully conceived and wisely exc
cuted may suggest stability in material
things, yet not in human life, for,
Not stony tower nol walls Of beaten
brass,
Nor airless dungeon. ror strong links of
iron.
Can be retentive to the strength OF
spirit.
But lie being weary of these worldly
Never lacks power to dismiss itself"
Judge Lacy was just approaching his
ffty-sixth birthday a little past the
meridian Of life. when his hitherto healthy
and vigorous constitution succumOed to
disease. Nor did the disease wait long
on death, for on the 18th day OF May,
1880, surrounded by his family and friends
at his home in New Kent county, he
passed quietly away. All his arrange
ments to return to the bar on his leaving
the bench had been perfected. His own
observation must have convinced him.
that he was about 10 undertake no easy
task, that of gracefully and successfully
assuming the everyday garb OF a prac-
tiuoner in the place Of the gown OF a
Judge, and yet he spoke not only hope
fully but confidently Of his future. Alas,
for human hopes "
This is the state of man; to-day he puts
forth
The tender leaves of hope; tomorrow
Dlossomo.
And bears his blushing honors thick upon
The third day comes a frost, a killing
frost,
And when he thinks. good easy man, full
surely
His greatness IS a-ripening- his root
And then he falls"
In closing. 1 hope your HonOrs Will not
deem IL inappropriate for so humble n
member of your bar TO suggest, that the
court spare no pains 20 procure, anu
hang upon the walls of this room por-
traits Of the great departed judges or
this Commonwealth ADDISON truiy sac
that IL Is natural for the human nina
10 embOdy It's recollectOrs I'm some eN-
tcrnal object which Will testify the
gratitude of "a people 10 departed worth
and win serve at the same time ~
mark the distinction that similar victories
may win. u were Impossible Tor son
of Virginia so stand under the STORM +.
beaten elm I'm oh Cambridge, and read
the simple inscription on the rough piece
az granite that marks the spot on Which
Washington assumed command or IN,
Colonial Army and not feel ms sun
moved by reverental regard !Sr VA
mast glory of this Commonwealth, ana
stirred with holy aspirations 10 he a
worthy son Of so fair mother; ANlil 10
this were the feelings OF the Nouns
artist contemplating the works OF tne
great Roman Masters. when ne eN1l"iii'-
ed Il too am painter. ..,
So let II ever be. in this press,Ar re
that the many who shall ONE ana EV'
whether as judges. sitting Where 70. "a
81 as advocates standing where ! stand
,,,itb the portraitures of the great look
ing upon them. shall have aWahen@" ea ~.
their Utmost souls, a hcls tcF'ienH ,obie
The mast glory Of their State ana hooiS
,1,oi,,aa N rival the virtues OF the gooi
I'D worthy already gone 20 the great
rsvcud