Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-07-15
VIRGINIA LAWYERS.
STATE BAR ASSOCIATIONS EIGHTH
ANNUAL MEETING.
Address of President IL. VI. Hughes.
Reports of Comnittecs--Permn
Home for the Association--Sourto OF
Arbitration-person

annual session OF the Virginia Bar Asso-
citation convened here this morning. ana
while the members arc here more Tor
pleasure than otherwise, considerable
amount OF business was transacted.
The initial meeting Of the ASSOCIATION
was attended by large number OF laules'
and the addresses OF the legal hshts'
though few In number. were listened TO py
the fair sex with great interest appa-
rently. though they hardly undeTs'oou
many OF the legal terms used.
Judge w. J. Leakc, chairman OF the
Executive Committee. called the body 10
order and introduced the president. MI
r. NJ. Hughes. of Norfolk. who made a
most interesting address.
President Hughes announced as his SUD
ject "ConIaotual Exemptions from LA
bility." In the outset he said the first
phase which naturally presents itself 10
the legal mind is the right Of the com
mon carrier 10 protect himself by stipu-
lation. The common law made him an
insurer OF the property intrusted 10 ms
care. and excused him only when the loss
was due 70 the act OF God or the public
enemy. The speaker gave the reasons as
signed for this rigid standard or accouh-
liability. This principle OF carriers IA
bllity was lraced back TO the old Roman
law. A case was cited. that OF Friend vs..
Woods. 9th Grattan. 1s5, where the owner
of a steamboat which piled on the ha-
nawha river and ruined a cargo of SAT-
bv sfranding on a newly-found sand-bar
was held responsible, whether Negligent OF
DOT.
This harsh rule resulted" said the
speaker. las is well known. in feac-
ton. and the desire TO encourage railways
in trair Infancy led 10 the line OF decis-
i0rs -lstaining exemptions modifying IT,
England II is legal for carrier 10
himself by contract even from the
luenccs Of negligence, and this eX-
privilege OF exemption has been
adopted I'm some OF the States. though the
vast prepoudcrance Of American authority
draws the line at that point and holds eX-
smptiOns from negligence invalid as con-
trary 10 public policy
number of opinions were here re-
ferrei 10 by President Hughes. and he
continued by saying: Although the wis
dom OF denying to carriers the right OF
contracting absolutely against their own
negligence may not be denied, il seems
rather extreme TO say that they cannot
protect themselves even from gross negl-
gence By reduced charge. The shipper
still has his choice whether TO pay the
fun charge for fun protection or a re-
duced charge for partial protection"
UNREPEATED TELEGRAMS.
President Hughes spoke Of the fact that
exemptions I'm case of unrepeated tele-
grams coupled with an extra charge for
repeating had been upheld by the Sn-
preme Court Telegraph companies were
as public In nature as carriers. Real and
fanc!ed valuations were touched upon by
the speaker. The relations between the
underwater and the carrier were fully
and deliberately treated
THE laws governing and relating to
water carriage aud the effect of stipula-
tons In bills Of lading." said Mr. Hughes,
has been much modified and complicated
by a recent act of Congress, which is far
reaching In its consequence"
After a most exhaustive argument upon
the questions President Hughes had
chosen TO discuss he concluded by say
ms: 1T f. essential to the development
Ct our law that the successive expansions
should be deduced from its first elements.
irrespective Of special facts. The won
derful heNbiiity OF the common law,
by virtue OF which principles originating
In a distant past adapt themselves 10
the multifOrm needs Of civilization,
wealthiest nations Of the globe Start
ing in the mists Of tradition. developing
its general features on the main lines of
its origin. despite pollutions from Romans
and Normans, and Danes and ecclesias-
ties. IL has cast off its eXcrescences, and
no prophet Is needed TO predict that IN
the future il viii cover the earth as the
waters cover the sea.
Ever expanding TO meet new condi-
tons, yet always I'm lines direct, its
fitting parallel Is the rays Of light 10
which the brightness and fertility of the
world is due. Starting from a source re-
mote beyond mortal ken, unexpiOred re-
glons are illumined by their presence.
Mists may intercept them and veil from
W their heavenly birth. Unusual condi-
lions OF calm or gathering storm may
refract them, and under the guise OF a
tempting mirage or a binding whirl-
pool. deceive us as TO their course. A
glittcring surface may cause us to for
get in It's contemplation that 1t Is but a
reflector of their splendor a coored
medium may transform them. or decom-
pose them into their elements. But de-
spite all the phenomena Of refraction or
reflection or discoloration they reach the
earth, and under their caresses the laugh
ing sea rejoices and sparkles the flowers
and foliage put on their richest hue, and
all mankind is rejuvenateG and enriched
by the Heaven-born influence"
COMMITTEES APPOINTED.
The various committees were appointed
as soon AZ Mr.. Hughes concluded. and
reports were received from the standing
committees and from the special COM
mittee on the permanent home of the
association.
The treasurers report showed the as
ISOLATION TO be in an excellent financial
condition.
The Committee on Permanent Home.
presented an invitation from the Rich
mond Bar Association for the Viz
ginia Bar Association 10 make it's home
in their rooms in the Richmond City Hall.
and this invitation was accepted with
thanks, the secretary being instructed to
remove the books and papers of the
association TO the rooms as soon as prac-
ticable.
1t was determined. In view of the
fact that Hon. W. w. Henry would not
read the paper he had been assigned 10
prepare that the night sessions Of the as
ISOLATION would be dispensed with. and
morning sessions only be held.
COURT OF ARBITRATION.
A petition was received from the New
York Bar Association to have a COM
mittee appointed TO cooperate with SINH
lar committees from other State asso-
Citations. in establishing court of ar
bltration between all English-speaking
people. and IL was agreed that such n
committee should be appointed The
president viii announce the committees
tomorrow.
The Executive Committee and the COM
mittees on Admissions and the Nomina-
tion OF Officers, met tonight and trans
acted merely routine business. The
Committee on Admissions recommended
for membership I'm the association a large