Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-13
HE FIGHTS RAILWAYS
An wrrHERSs ABLE SPEECH ron
EMPLOYERS LrABILrry BILL.
yHIppBG-pOST BILL DEFEATED.
,se House Finally knocks Ont Mr..
,.nrphy's BiII--Sccond offence OF
redt Larceny 20 he Punished vita
penitcntfary imprisonment.

The great feature Of the day In legisla-
,tvo circles yesterday was the speech of
senator withers on the employers la
tr.y BILL The brilliant young Danvile
senator made an argument lasting for
o,sr two hours that was regarded by
s~ends and foes OF the bill. alike as a
,rastcrpiece OF logic and eloquence, as
we'll as OF legal learning. A vote on the
Dill will probably not be reached before
tuesday.
The House finally defeated the whip
r.nc-post bill. but passed that OF MIR.
saunders making the second conviction
o. petit larceny punishable with Inn
rr.sonment IN the penitenuary. The re-
l5-matory bills were also passed.
The senate and House adopted Joint
solution sent from the House inviting
Hon. Joseph Bailey. OF Texas. to address
che two houses OF the Legislature on Feb
mary 18th. Later the vote was recon-
sfercd. on motion OF Mr.. Flood, and
February I'D which will be observed as
holiday. was fixed as the date for the
address.
The Day In the SENATE.
Rev c. r. Hyde made the opening
prayer in the Senate. with but hand
mi OF members present.
SIR. Mason stated that Senator Little,
OF the Maryland Legislature. was pres
emit. and moved that l. be given the
privilege Of the floor, which was done.
SIT. Wickham had passed, under sus-
rersIOn of the rules. the House bill
changing the name OF joyner's Precinct,
in southampton county. TO Sunbeam.
A communication was received from
the Governor. returning without his ap-
rroym Senate bin No. 29S. which. he said,
was q duplicate of House bill signed by
him this year.
Several local bills were passed, under
suspension OF the rules.
RECOGNIZING THE RUSH.
Mt McIlwaine offered a resolution pro-
viaing that for the residue of the ses-
sion. FIVE members should constitute a
quorum Of each OF the standing commit
tee
lfr. wickham opposed the resolution,
on he ground that II was too early for
a.. ard Mr.. Morris advocated II as being
greatly needed already. Mr.. Maynard OPP
posed the resolution as being liable 10 in
vite criticism. and Mr.. Foster and Mr..
ArcLCll ONdAt4 IT, M N4(iHtnA W
posed II, and Mr.. McIlwaine advocated il
nt length. He said there was nothing
new in such motion; it was made sole
" 70 expediate business Mr.. Wickham
again briefly opposed the resolution, and
50 was lost
Mr.. Fairfax had taken up and passed.
under suspension Of the rules, Senate bill
40. is3. defining I'm whose name property
shall be listed and taxed. The bill had
passed the House. where It was amend
ed. and also received additional amend
ments in the Senate
BILLS INTRODUCED.
BY Mr.. Blakey ClSo. so: To allow VIII
liam f. Ward TO construct O vessel-rail-
way IN Urbanna creek.
BY Mr.. Flood CNO. 45): For the relief
Of John j. Coin. a Confederate veteran.
BY same CNo. 40: For the relief Of
Fanny w. England.
BY same CNo. 45D: For the relief Of
Marion NJ. Seay
Nv same CVo. 45D: For the relief Of ].
W. May a disabled Confederate soldier.
BY same CNo. 49,: For the relief OF
Henrietta T. Venable, widow of a Con-
federate soldier
BY Mr.. Eggleston CNo. 1865: For the
protection of game in Charlotte county.
BY Ar. Munford (No. 45O: To provide
for a State highway commission, defining
is powers, and making an appropriation
70 defray the expenses OF same.
EMPLOYERS LIABILITY BILL.
AT 1890 o'clock the employers liability
bill WAS taken up as the special order
and Mr.. Withers began his speech against
Il. He said il was far and away the most
important piece of legislation proposed
curing the present session.
tfTrrf,c &c habfu1 this hil2" said Mr.
Withers. 81 will answer this question by
putting another, Who is opposing it?
pause for reply"
He repeated the question, and again
asked for reply. There is no answer"
be said. land it is a question which will
not be answered here"
He had been asked by locomotive en-
gineer of Danville 70 try TO secure the
passage Of such a bill, and the latter said
the brotherhood Of Locomotive Engineers
was behind him. The engineer had asked
him not 10 divulge his name, az 1t would
probably cause him to lose his position.
The people wanted the doctrine of fellow
servants abolished, labor unions had de-
ciared against it, political organizations
had declared against II, the people were
against Il. even the lawyers opposed it,
unless they happened TO be corporation
lawyers.
Mr.. Withers then took up the history
~ the doctrine of the non-liability Of the
master for injuries sustained by the SER
want through negligence Of fellow SER
wants. il originated with Lord Abinger
in the English case Of Priestly vs.. FOw-
Ter. IN 1887. and had first been enunciated
in this country by the Supreme Court Of
South Carolina IN 1871. 1t had success
lively been recognized, and discarded by
various courts in England and America
ever since, and was not even yet settled
law.
D1CTA OF THE COURTS.
THE doctrine of fellow-servants is at
tested by no government sanctioned by
no legislature, no congress. no parlia-
Inent. il IS on a par with the doctrine
of government by Injunction yet l would
like 10 see any senator here arise in his
seat to-day and defend government by
iniunction-such as has been laid down
By Judge Jackson, Of West Virginia, who
enlOined miners from marching along the
roads and meeting to discuss their
gievances."
Mr.. Withers then took up the discussion
o. limitations of the doctrine Of fellow
6ervants. including 1.-The different depart
fnent" superior servant" 'co-associa-
ton" and ''vlce-principal limitations.
"A crazy-quilt would be a thing OF
precision. compared 10 TINS
doctrine as promulgated by the courts
Of various States and by Federal courts.
The doctrine Of fellow-servants Is IKE
tho old. familiar tunes Of Home, SWEEP
Home odd Black joe played with such
endless variations until they are scarcely
recognized when rendered by master.
Eighteen States Of the American