Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-28
HE WON HIS CASE.
GOVERNOR TYLER RETURNS TO-DAY.
He VIII Remain Until After the
Dewey Celebration la Wnshi"s
,on-yiruinfn-Ten boundary
Line Case-Capitoi Notes.

Attorney General Montague. always the
soul OF geniality and poiiteness. fairly
giowed yesterday.
Tie had lust received the news that the
supreme court. AT stanton had decided
20 grant a rehearing in the case OF Maia
Administrator W.. the Eastern state HOS
pital This Is the first time IN the MS
tory OF the present court that renear-
ing has been granted.
The case is one Of supreme importance
1t involves the question as TO the haolhty
OF a state institution 10 suit by
private Individual
Maia. Of this city, was employed at me
Eastern state Hospital, at Williamsburg
While engaged in working IN mari
bank. on the property. the bank gave
WAY and he was caught in the slide. lie
died from his injuries His adm'nlstratoi
brought suit. The case went TO the su-
preue Court Of Appeals. The court ue-
cided that the institution could be sueu'
and that II was liable In damages lor
the death Of Maia.
Mr. Montague fought the case very
hard. lie argued that as the s'dte Couiu
not be sued. its agents, the oihcial DooS
of a state institution, was not haole 10
suit He was very earnest IN inns Oe-
lief His argument was strong one
but the court decided against him at the
term I'm ms city last spring. re Fled
a uettion for new hearing, and Is rs-
turallv eratiied that II has peen granted
Mr Montague thinks II decision that
state institution Is liable IN court VIII
cause many VexatiOus suits thrOuShou'
the state. He argues for the old prin-
clple that the sovereign body is not
liable. and also that its agents are not
liable to suit.
THE BOUNDARY LINE.
The Acknowledgement will soon take up
the case Of the Virginia touh-
Diary. II will be brought before the
Supreme Court Of the United states Dy
Attorney General Pickle, OF tennessee
A letter from Attorney pickle 10
MIR. Montague intimates that mouoh
for leave to file Tennessee's bill VIII he
,lsd in The latter part of October. At
torney-General Montague will be present
when the bin is filed, and will at once ME
his answer. Virginia will interpose no ODD
stacle 20 the proceedings. ana VIII en-
deayor 10 facilitate a settlement OF the
old boundary dispute.
GOVERNOR TO BE HERE
Governor Tyler will come TO Richmond
this morning from East Radford. Inc
Governor comes primarily TO attend the
funeral of General Harry Heth, but there
are also several official matters requlIlhs
his attention. He will not return 10 East
Radford until after the trip 10 WashihS-
ton with his staff TO attend the Dewey
reception. Governor Tyler will be accom-
panied TO Richmond by Captain stockton
Heth. a brother-in-law of Mrs Iyier'
and a brother of General Heth.
Commissioner of Agriculture holher
has received a request from the Centeh-
NAL and Memorial Association OF Ne"
York to forward tree from virginia ~
be planted at Valley Forge. 1t is the IN
tention of the association TO have tree
from each Of the original thirteen States
planted on the site of the famous winter
quarters of Washington.
CAPITOL PERSONALS.
Captain ID. NJ. Burgess, night watch
man at the State Library building, has
lust gotten back from vacation spent
In F1uvanna county.
Judge Allan r.. Hanckel. of the Corpo-
raticn Court of Norfolk. and Colonel X
Il. Boykin, member of the State senate
from Isle OF Wight, were at the oiilce OF
Secretary Lawless yesterday.
Visitors at the Auditors and Urea
surer's office were Mr.. r. A. Lynch. OF
Tazewell. and Mr.. NJ. c. Clarke, of Rus
sell, member Of the State Committee ana
Mr.. b. J. Wysor, of RvsSell; Commission
observation-disclosures l.. s. Pollard, OF King
william; ex-Treasurer Il. F. Richardson,
Of Louisa; Deputy-Treasurer Pollard, CT
buckingham, and Judge William Henry
Mann. of Nottoway
Captain w. w. Barrow, of the AdJu-
tant-Gener MS office. has gone 10 New
York with the Norfolk battalion of naval
volunteers to attend the Dewey celebra-
ton. The trip Is made on the Siren.