Daily press. [volume] (Newport News, Va.) 1896-current, 1898-01-21
NEWS OF RICHMOND
Proceedings Of the General
Assembly.
MEASURES INTRODUCED
Court OF Appeals Revcraes the Decision of
the Circuit Court In the Case of
.Ris S Bentley va. schmelz
Brothers.
Especial to the Daily Press ,

n z
Seh!nelz brothers VS.. Rix C Bentley. )
from the Circuit Court of Newnarf
NEWS. The case is that Scnrnelz
Brothers discounted a note for Rix
Bentley for $500. The note wasprotestad
ior non-paymeHt and a new note was
made to take up the protested note,
deed OF trust executed 70 Wilcox, truss
tee. Derault was -nade and the trustee &
advertised the properly named in the
crust decd for sale. Rix & Bentley se-
cured an injunction from the Circuit
Court of Newport News ard m appeal
was granted by the Court Of Appeals.
The opinion is an able one.
After prescribing the usual duties OF /
trustees in case of sale. he deed con-
cludeS with this: IF no dafauit shall
ne made in the payment OF either of the.
above mentioned notes or insurance
premiums. then on request Of the par
ties OF the first part, a gond and suffi-
cient deed of release shall be executed
to them upon their own proper costs
and charges" 1t is true that the deai
does say that THE sale shall be made
when johnson, the en11cS .r. his exec
utors. administrators Jr assigns shall &
so require. and in aha covenant for the 81
payment of taxes. assessments, GstleS
and charges upon the property, it Sis5
&c clared that the duties a:'e lmpos-d for
the further protection u either t. w.
Johnson or his assigns" but looking to
the whole deed, to the fact that Rixs & X
Bentley owed a debt to Scnm .lz Broth
ers. and THAT the effe.t OF s:he deed was
10 appropriate their IRonaytt to the pay
ment of their just Ishr we have III, y
doubt that il Is to be construed as
security for the debt itself ana not as
an indemnity to the endorser, which
would ensure to the benefit Of The I,rin.lSs
cipal creditor only, in the event that h
loss or damage befell TIE end orser. For
the Reasons given, w" are If :ha opinion
mat tine Circuit CGurt erred in nerpat-sS
uatins the injunction and It's decree
must be reversed
Argument was continued in the EIousa
soday ON the employees liability bill by
Mr.. Saunders. of Franklin. who made
the most powerful. arSumen. alive
speech heard ON the floor of the House
for a long time in support of the BILL.
When he concluded he was rewarded !;
with generous round of applause.
MIR. T. Z. Pitcher, of F'auquiAr.s 70 liz ~!
ed Mr.. Saunders, and WAS spea1iss
when. at o'clock The gave way for
motion to adjourn, ana the h.sssts2 e ssiff
over without action. ffg5
Mr.. Powell today in .r.d nc ID a bill to-
allow the Old Dominion Land Company,
of Newport News to fer. Il q wharf sss.i X
its property along the i ames River
I'm 'ef1S g ma to nd Mr.. asna f.rx1x
the special committee on RetralIch RnssnE 4
and Reform, reported favorab!y " sch auts
ain en,1trent the resolution offered by
MI. KeeZell. designed ito amend the
constitution so as to abolish the spring
iections and unsolidate them With the
iali elections.
A bill was introduced by Mr. Keezel
20 abolish the tenth judicial circuit
ately presided over by Judge w. s.
Barton. The act adds Louisa to the
sixth circuit; Richmond, Westnoreland,
Hanover and Caroline to the ninth.
and Fredericksburg to the eleventh cir
cunt. 1t is further provided that the
sum Of $500 of the salary rleretofore
paid to the judge of the tenth cirenn
hespad TO the Judges Of the ninth and
eleventh clrcuits-to each of them $500.
A resolution was offered by Mr.
Mushbach, directing the finance COM
mittee to report q bill making an appro-35
priation of $4,000 for the enlargement I
Of the institution for the Deaf and
Dumb and of the Blind, or so much
thereof as may be necessary to provide
accommodations for thirty children
deaf. dumb or blind. who have applied +
fer admission but cannot be taken into
The istitution at present on account of
,ack of funds. MIR. MuShbach stated
that he offered the reso!u ton at the in-
stance OF ahe Board of Visitors of the
Institution. The measure was referreS
to the cOninEi tee on public irlStitui Ions
and education.
A bill was offered by Mfr. Mushbach
and placed ON the calendar, changing
the name of the institution forzthe Deaf.
the Dumb and the Blind. to the Wir-s
ginla School for the Deaf and Blind
This proposed change was recommend
ed by the Board of Visitors at the sng-
gestion of Professor Bowles, the princi-
pal CT the institution.
A bill was offered by Mr.. Wickn,an
TO incorporate the American Develop
Ilent Company. with Tazewell Elicit
Warren p Taylor, O. IF. Breese, Ir.,
x. G. Buchanan. Charles v. CarringtDns n
Writ E. Taylor, Clyde w. Sauna ers.
L. Elicit, Jr.. and C. Fl. Fleming. all
Of Richmond. as corporators- The act
authorizes the company to purchase.
own, sell, rent, buy, lease, etc, any resti.
personal or mixed property in Sonth
America and more especially to buy
lease, SELL rent, operate and generally
TO own and develop any concession.
grant or franchise street always, bon
ied warehouses, cattie-packing, cold.
storing and shipping, railroads. tese-s
graph and telephone lines, and to eStab-s
ish, operate, own, perpetuate and gem
ara1ly to work or cause to be worked
or operated, mines. mills, factories, fur
naces. electric plants. ETC., IN the repub-$i
tic of Venezuela. I'm the State OF Ntr-5.
ginia an in Venezuela the COMPANY
snail have power to do a general bank
Eg business. The capital stock is to he
not less than 81 900 900. and may be BIZ
creased to s25,0G0,0G0 1t is said the IN
corporatorS have ample backing.
There was lively debate on the bill
amending section 81 of the code in res
lation to the taxation of dogs, nfaktngS.
rhem subjects of larceny. etc. The law
at present applies only to Richmond IS
Manchester and Henrico The measure
made Alexandria. Petersburg. Dinwld-ss
lie and Lynchburg subject to the pro-
VISION of the law. MIR. McIlwaine had
A substitute designed to make the la.sg8
a general one throughout the Stat
MIR. Boykin moved to have the conn
ties of Isle of Wight. Nansemond and
Southampton excluded fron. the Sprcyis7@
ion of the act, and various Senators
followed his example. Mr.. McEwaine
finally Withdrew afle substitute, and the
original act was passed.
The Senate committee on finance met
| this morning to consider Nj. Mnnforss s.
| bila relieving certain cflarita bic ms isti-s
! lions of the COLA teFal inheritance tax On
| requests masds, in the will OF the latese
! Major Lewis Girter. Those who apPsarr
Continued ON flourish Rage.l