The times. [volume] (Richmond, Va.) 1890-1903, 1901-03-20

If by a system of State farms, diversity
on public highways the effect of SUCH
competition could be lessened, we thlnK
the convention should require the Legs
lature to SO employ convicts, even II the
State would lose in the revenue now de-
rived from the penitentiary. but we
would be unwilling to vote for any meas
ure which would require a large mass OF
human beings to be confined without en-
ployment. The inhumanity OF such
course would force us, if necessary, to
prefer that there should be the small
competition, which would exist from their
GoVERNMENT BY INJUNCTION.
10. AS to government by injunction,
we would say that an Ignorant. corrupt
times, abused or unemployed this etfec-
tive and valuable safeguard against II
reparable wrong and injury, but we would
not, therefore, abolish it or seriously i'm
pair it's fair and useful employment. One
should not argue against the use OF
thing by its abuse, unless the evil OF the
abuse exceeds the benefit of the use.
While it has been abused, no man who
understands the benefit of that writ.
would advocate its abolishment or serious
impairment Nothing would conduce
than by so doing. Its existence is neces-.
sary to prevent injustice to all classes OF
the people. 1t is absolutely necessary that
the power to issue such u writ should be
Ill lHc 1cl ~ tiia'A
could conceive and enbody in a statute
all instances in which it should be used.
1t is possible that some of or answers
may not please the members of your or
ganiZatiOn; but we have the satisfaction
Of believing that we have attempted 10
give the fairest and wisest views OF which
we are capable upon the subjects about
which they have inquired.
We are very truly,
GEO. L. CHRISTIAN,
GEO. D. WISE,
VIKGINIUS NEWTON,
R. CARTER SCOTT.
DISSENT ON. SOME QUESTIONS.
We concur in and approve the fore
going letter. except as to the first answer,
and as to that we reply as follows:
l. We believe "a just and equitable EN-.
ployers liability bill to be constitutional,
We each favor a change i'll the present
law of the. State by enactment of such
a statute; but we deem it inappropriate
to incorporate such a bill into the Con-
stitution. Yet, should it appear that
Constitutional provision would be the
most effective method of accomplishing
the desired end, we, shall give such a
JAMES w. GORDON,
A. S. EBUFORD.
JOHN. A. CURTIS.
concur in the foregoing answers given
regarding the employers liability law. As
to this question, answer as follows:
!. believe a just and equitable en-
ployers' liability bill to be constitutional.
present grows out of judicial decisions.
1t is not a statutory one. This being
true, l believe that the present doctrine,
known as the fellow servant law" can
be changed, either by incorporating such
a provision in the Constitution or by an
act of the Legislature. AS the effort has
been frequently made without success in
the Legislature. favor putting a just and
equitable provision of this character in
the new Constitution. This has already
been done by both South Carolina and
Mississippi.
HILL MONTAGUE.
MIR. POLLARD'S REASONS.
l. concur in the foregoing answers, ex-
cept as to the employers liability law.
Upon this question I am in so decided a
minority, I think it just-to myself to state
my reasons. [ cannot agree that such a
law would be inappropriate in our new
Constitution. 1 would submit my dissent
upon this point with more diffidence if it
We're not for the fact that the recently
adopted Constitutions of kentucky. Dela-
ware, South Carolina, Florida, Missssip-
pi and Louisiana contain many provisions
which would be equally Inappropriate. ac-
cording to the old conception of the scope
of a Constitution. The great growth of
business enterprises and their concentra-
ton into. corporations. whose interests
prompt them to control. as far as poss-
BILE, the action of Legislatures, has given
rise to an entirely new department in
L
partment includes such just laws as have
been either kept off of the statute books
by the powerful influence of corpora tions.
or. when enacted, have been made inopera-
tive by cleverly worded amendments, in
spired by this same potent influence. The
passage~o the liability law would cost
the railroads oftths State hundreds of
thousands of dollars. They have three
times succeeded in killing the bill in the
State Senate. Even should the Legisla-
ture at some future date pass the bill, it
is fair to presume that at every oppor-
tunity attempts would be made to repeal
or amend it in such a manner as to make
it less effective; for. according to the re-
cent report of the United States Industrial
Commission. mo part of the labor law is
so often tnkered.'' Vol. s. p. 50. I, there
fore. favor placing this law in the Consti-
tuition, beyond the tamperings of those
to whose financial interests it is so OBJ
noXious. Furthermore, statistics show
that the loss of life and limb both of en-
ploye and passenger. has been materially
iessened where the liability bill has been
Confined on Second Page)
TWO EIECTI0NS