The times. [volume] (Richmond, Va.) 1890-1903, 1896-01-21
TIFF r1MEs-RICHMOND VA TUESDAY. JANUARY 81 1896


bic for stray stock. He thought the
present law imposed a penalty suiilciently
large inasmuch as the owner OF the en-
closed land was entitled TO damages uh-
der II for the loss Of stock, whether the
railroad company was at fault or not
and I'm his opinion the bill smacked very
strongly of class legislation.
Mr. Berkeley, Of Roanoke. was In favor
OF the bill and stated as an Illustration
that he owned a farm OF about SIX nun
dred acres. through which the Norfolk
and Western railroad ran for distance
OF a mile and a half. His losses on stock
through the railroad amounted TO thou'
sands Of dollars. and he did not see why
ne should be compelled 10 put up three
miles Of fence for his protection.
The hour having arrived for the con
sldcration of the special order House
bill No. lis, Mr.. Saunders bill was passed
by.
DELINQUENT LANDS.
on motion Of Mr.. Cooke Of Norfolk,
the special order was then postponed Tor
/ fifteen minutes, and Mr.. Hundley, OF
| Amelia. under suspension Of the rules,
! called up House bill No. PA The BIZ
seeks to repeal an act entitled an act 10
amend and re-enact section $50 or the
/ Code Of Virginia in relation TO delinquent
lands purchased IN the name OF the Audi
| tor approved March 3, 1894.
| Mr. Hundley explained that the bill in
tended TO repeal the law which author
| ICES the county clerks TO receive one
| years taxes on land that has been
/ bought in by the State for delinquent
taxes and TO give "a deed for 1t 20 the
| party who pays the taxes, even without
the knowledge Of the original owner. In
order 10 prevent such an Injustice u was
necessary 10 have the bill passed before
| February lst
Mr. Willard, of Fairfax said he was not
| prepared at this time to vote on the
measure. and ne thought that the meas
ure better be referred TO The Committee
on Finance.
MIR Hundley's motion that the bin have
its second reading that day was carried,
! and the bin was subsequently passed
House bin No l43 was then taken up.
Its title is as follows. To amend and re-
enact section 81 of the Code OF Virginia
| in relation to what verdict 20 specify
/ when jury find accused guilty OF MURDER
! IL guilt confessed, duty OF court
! The question being Oh the engrossmeht
! of the bin allowing the courts IN cases
! of felony. on the plea Of guilty by the
( defendant. and his waiver of jury 10
/ hear the testimony and fix the punish
/ ment Mr.. Saunders, the chairman or lhe
judiciary Committee, addressed the
House. lie said the bin was worthy the
| undivided attention Of the House, as II
would effect reduction of criminal eN-
| pensos. and III should bee passed If there
/ were no constitutional difficulties In the
/ way of that passage. Mr.. Saunders sald
| that il was sometimes said that man
/ could not waive his constitutional rights,
/ but that this view grew out of mis-
conception of the adjudged cases on this
I line that where the language OF con-
/ .ffff
trial iursdcti0nal. as. for instance when
IL said that no criminal shall be tried
other than 10y jury, that jury VIII
neither be dispensed with boy the Legis-
iature nor waived by the prisoner, under
such a constitution. no trial could ne
constitutionaly conducted without a jury.
| But when a constitution simply de-
clares as our bin of rights does. that IN
all criminal or capital prosecutions a
man hath the right TO demand the cause
and nature Of hts accusation TO be con-
frOnted with his accusers and witnesses.
TO call for evidence ia bis favor, and 10
a speedy trial hy an impartial jury OF
his yicinage then totally different con-
diti0n of affairs is presented.
I'm such cases. 10 is the duty Of the
state to afford the opportunity for the
enjoyment of these rights TO the party
on trial. but when that Is done. the duty
of the Legislature IS discharged. and If
defendant does not choose 10 avail him
t self of the offer then the court can be
[ C0nstitutionally organized and the trial
/ consttutiOnally conducted without them.
If a man must Doe constituti0nally tried
hy a jury and not otherwise even with
his consent then the jury must oe of the
vicinage. and there could be- no change Of
venue in any given case 10 has already
been decided in This state that. while a
defendant could not bee compelled 10 give
evidence against himself that this right
; could boz waived ~ This right could
be waived why not another Mr.. Saun-
/ ders quoted various cases iu support of
his views. and cited the principles of the
recent case OF Brown Us. Epes as sup
porting his position.
After some little discussion. the bin
was ordered TO its cngrossment and third
reading.
House bin No 2i2 was then again
reached. and Or. Winston. of Hanover.
briefly opposed the same. because it did
not give sufficient protection where ad-
iacent property was fenced
Mr. Saunders again advocated the meas
ure. while Mr. willard opposed the same.
The bin was finally ordered TO It's third
/ reading and ongrossmcnt
SENATE BILLS PASSED.
The following Senate bills were passed:
80. So For the protection OF sheep
in The county OF Hanover, by making the
owner or other person about whose
house a dog usually stays. liable 10 the
owners of sheep killed, manned, or Woi-
ried ly such dogs. for damages for such
killing manning. or worrying.
no. o. TO amend and re-enact sec
ton COS, Code of Virginia 1857. entitled
"Treasurers u return lists of uncoi-
Iefted taxes and delinqueuta.
No. l02 To enable the supervisors OF
Hanover county. If they deem IL expedi-
ent. 10 construct road from Chcka-
hominy swamp between the Mechanics
Vile and the Richmond and henrco
turnpikes to the city Of Richmond, and
10 appropriate funds for that purpose out
of the county levy Of the said county
of Hanover.
No. 2s2 To amend and re-enact an
an act entitled. An act 10 amend and re-
enact sections g. d. and is or an act APP
proved February 30, 1892. entitled an act
ia provide for the settlement of the public
debt Of Virginia. not funded under the
provisions of an act entitled. An act
10 ascertain and declare Virginia equl-
table share Of the debt created before
and actually existing at the time of the
partition Of her territory and resources,
and 10 provide Tor the issuance OF bonds
covering the same. and the regular and
prompt payment of interest thereon, APP
proved February a. lss2, ana TO provide
I for carving the same into effect APP
proved January 81. 1894. ard providing the
/ time from which bonds issued under THIS