Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-16
DEADLOCK BROKEN.
THE HOUSE ENTERS ANEW UPON
WORK OF INFRINGEMENT.
THREE REDUCTION ELLIS ARE PASSED
Those anecting JaiIcrs' Fees, the
Salaries nj the Clerks of the Two
Uouses and school superintend-
ents-Tnx ON social Clubs.

What might be termed n retrenchmen
deadlock was broken In the House yes
terday when that body passed the bill
making reductions in the salaries OF the
clerks Of the House and Senate. this bill
having been hung up for several days
owing 10 It's failure TO receive a con-
stitutlonal vote. The House also passed
the bill reducing the fees Of jailers. and
one making slight reductions In the sala-
rles of county school superintendents.
1t is estimated that the jailers' fees bill
will save TO the State about $4,000 or
$4,000 a year.
The Senate passed the bill imposing a
tax on social clubs after strong opposi-
ton. The tax is 81 per member The
upper branch devoted nearly all the morn
ing session TO consideration OF the en-
ployers' liability bill, which went over
until to-day. Mr.. Mcliwaine, TIE
patron of the Senate substitute. made a
lengthy speech in support Of the bill. His
argument was pronounced by the lawyers
of the body as a remarkably able discus
sion of the doctrine of fellow-servants.
and he received much congratulation at
the conclusion of his address.
The Day in the senate.
Rev DR.. j. b. Taylor made the opening
prayer in the Senate.
large number of House bills were re-
ported. and in many instances the rules
were suspended and the bills placed on
the calendar.
BILLS INTRODITCED
BY Mr.. Parr CNo 1853: TO incorporate
the Grayson and Carroll Electric Railway
Company.
BY Mr.. Kane (No. AID: To incorporate
the Clinch River and Big Sandy Railroad
Company placed on the calendaO.
BY Mr. Eggleston CNo 400: To repeal
an act in relation to the powers of the
Board Of Supervisors Of Charlotte county.
BY Mr. McIlwaine (No. 1884, To exempt
those engaged in the publication of news
papers from being required to obtain a
license for the privilege or right Of print
ing or publishing the same in the cities.
towns, and counties of this State.
BY Mr.. Opie (NO. 46D: To affix the pen
atty of the official bond of the County
Treasurer of Augusta county
BY Mr.. Barnes (No. 472): For the relief
of A. S. McCandless
BY Mr.. Withers CNo. 473): To relieve the !
estate Of William +. Boisseau deceased. |
from all debts and demands upon it by |
the State, except such as may be due as
taxes.
MR.. MILWAINE'S SPEECH.
At 1890 o'clock Mr.. Flood called for the |
special order the consideration of the
employers liability bill, and Mr.. Nell
waine began his speech for the bill He
said he knew it was difficult to convince
a man who differed with him. but he |
asked the earnest attention of the Senate.
while he laid down the arguments for a
law which he believed justice demanded
He said he would show that the whole
of the present law of master and servant
IN Virginia was judge-made law and he
thanked God that the Legislature of the
State was still a better law-making
power than the Supreme Court. He read
the text Of his bill offered as a substitute
for the House bill. saying he would take
IL as his text. He commented upon the
various provisions of the bill as he read
them and called particular attention to
the fact that in its entirety it was much
milder than the measure for which many
members of the present Legislature had
voted four years ago Mr.. McIlwaine
took up the purely legal aspects Of the
question and sustained himself By eta
tons from numerous authorities. 81 have
heard IL said that there is nobody ask
ing for the passage of this bill" said Mr.
hcllwaine, and he proceeded to read let
ers and resolutions from organizations
IF railway men in Richmond. Manchester
Norfolk. Portsmouth. Charlottesville
Radford Crewe. and other
points. asking that such a bill as his be
enacted into law.
referring TO the argument OF opponents
If the bill that the employee was sup
posed to take into consideration when he
entered the masters service the dangers
IF his employment. and received compen-
iation for his risk. Mr.. McIwaine, after
depicting the dangers of the life of rail-
way operatives. especially firemen and
quoted from the official report
# the Railroad Commissioner. showing
hat the latter class received less than
my other of railway employees. On one
'oad the wages of brakemen is "a cents
Der day, of which. Mr.. McIlwaine said:
II this sum includes payment for the
isk these brakemen incur. i'm Heavens
name what do they receive for their labor
If the most ardous character performed
inder summers burning sun, and in the
Irving sleets and SHOWS of winter?"
AS TO IMPLIED CONTRACTS.
Referring to the argument that there
vas an implied contract" existing be-
ween railway companies and employees.
~ which the latter agreed to assume the I
isks Of the negligence of their fellow
servants. Mr.. McIlwaine said: This is
IN implied contract indeed. a contract
which the parties could not make for
themselves. since no decision Of the
ourts regarding the law of common I
arriers is better known than that such 9
annot contract against their own negli-
fence" He read an opinion of Judge l.. (
=. Lewis Of the Supreme Court of Vir- {
inia, whom he eulogized In eloquent r
erms. which distinctly enunciated this /
doctrine. Mr.. McIlwaine argued that if ;
he doctrine Of felow-servant was car
led to its legitimate conclusion cor
oration could never be held responsible
or anything, since 1t could never do any,
hing for itself its every act was per- q
Ormed by others. Through the neeli :
ence Of the conductor passenger and /
fiagman are hurt The passenger sues .
he company for damages. and RECEIVERS. II
ne court recognizing the negligence of +
he conductor. The fiagman sues i'm the u
anne court. bringing the same kind Of ac-
ION. is acknowledged TO be Just as in I
ocent Of negligence as the passenger. l
ct the court says he cannot recover. b
an anybody say he had contracted il
gainst the negligence OF the company
r its agents-a contract which the courts q
EXPRESSLY say cannot be nader Il
Regarding the fact that the bill appljed II
My TO railway employees I'm the one 81
ating department. which had caused II
be criticised, Mr. McIlwaine read the c
piniOn OF the Supreme Court of the h
nited States, declaring that some Of tho ii