The times. [volume] (Richmond, Va.) 1890-1903, 1901-10-05
Mr.. NJ II. " ,AlNE',
VERY ABLE. SPEECH.
] HeFavors Liability Bill Before Cor
porations Committee.
UNIVERSITY MATTER AGAIN.
judiciary Committee Holds an Important
s,cetisg - Women Have Influence in
Public Matters =. Convention
Notes and Gossip.
UNIVERSITY MATER AGAIN.

i6itty RESOLUTION. Mir. McIlwaine was
very strong in his presentation of the
reasons why the resolution shouiG DC
adopted and made part of the Consata-
ton He said there was no justice IN
the feilow-servant doctrine-never had
and never would be.
1t was judge-made law-made in the.
days when railroads We're short lines ana
every empioye was supposed to know, and
probably did know, every DINER one en-
Moved by The same company. There was
10 Justice or reason in it then, and none
whatever now. for it was based on the
presumption that an employe it1Jused on
n. railroad in Richmond knew all about
the conduct of a feliow-serTant IN Brls-s
-t0i and was made responsible therefor
thus making it possible for the common
carrie. to escape reliability for the gross
est negligence.
Mr. Mcllwaine proceeded to read case
after case from the Supreme Court re-
ports of Virginia, and in his comments
ON those cases said that the fellow-ser-
want doctrine was not only carried TO
Glthe flrthest extreme. but the principle
was as firmly fixed in the law of Virginia
as were the stars in the Sky.
: He then showed how nearly every
other State had been compelled to de-
stroy this doctrine by constitutional de-
cree. He urged that this course be
adopted by the Virginia convention. He
declared il had come to such a pass in
Virginia that he did not believe an en-
pIove could recover damages of rail-
road company unless the president and
Board of Directors had previously held a
meeting and resolved to let him be killed.
He said II the convention did not put
the employers liability law in the Con-
stitution it would never be done; that.
the State Senate would not pass 1t Mhui
Kingdom come. ii gave history OF the
repeated efforts and failures to pass such
a law and thought any further attempts
would be time and prayer wasted. Mr.
McIIwaine spoke for two hours and re-
t.eived the closest, attention. After the
conclusion of his argument many uues-
lions We're put to him by Messrs. Hun
ton. Braxton. and Blair. of the committee.
This consumed at least another half an
lsoui.. and Mr.. Mcllwaine stood by his
guns manfully.
The committee will hear other argu-
ment on another occasion.
There was a decidedly interesting ses-
sion of the Committee on Education yes
terday morning.
The meeting began at 8 o'clock and
lasted until the convention assembled.
The subject under consideration was
motion to reconsider the vote by which
the resolution fixing n minimum appro-
priation for the University Of Virginia in
the Constitution. was adopted.
This motion was advocated IN snort
speeches from delegation headed by
Ex-Governor Cameron. The speakers
were Delegates Cameron. Hamilton,
Hooker. Fletcher, Brooke. Fairfax, Bar
ham. Garnett and Moncure.
These gentlemen represented respective
ly the other State educational institu-
lions. William and Mary, v. NJ. l.. Poly
technic. Farmviile Normal, Petersburg
Normal, Medical College and others.
All the speakers opposed the resolution,
but urged that il it was adopted that
be also placed in the Constitution on the
same proportionate plane with the Uni
re1s,ty of Virginia.
The committee will not take a vote I'M
Ill after representatives OF the University
are heard.
Delegates Carter Glass. r. Walton
Moore. A. C. Braxton and others Will
be- given a hearing on next Wednesday
morning.
All indications point to the commit
tees standing by its former action.
The Judiciary Committee had another
vote yesterday morning on the question of
allowing judges to practice law. The result
was al adherence 10 the resolution adopt
ed a week ago. that judges should not
practice law in or out of the State. The
vote was S to 3 in favor of the prohibition
There was another heated discussion
oversize circuit superintendent Mr.. Thorn
Very earnestly urged that Norfolk city be
taken from the first circuit. This was as
earnestly opposed by MesSrS. Nirhers and
Ayers. The committee, by vote of Z to
5, struck Norfolk city from the first cir
cult. This necessitated a Encouragement
Of the whole circuit apportionment and
the matter was referred back TO the sub
committee to endeayor to arrange a re-
port. 1t is thought that twenty-three dis
tricts Will have to be provided, in which
case both Mr.. Meredith and Mr. Thorn
will be able to have the circuits of Nor
folk and Richmond arranged to their sat
isfaction.
The committee then took a vote and
DECIDED to permit judges of city courts of
the second class TO act as commissioners
in chancery. The resolution formerly
adopted. retiring judges at the age of
seventy Years, was reconsidered and then
-escinded.
The question of payment of judges sal
aries was taken up again. The resolution
formerly adopted. requiring that the sal
;lTy Of all circuit Judges be paid by the
State. was again recons!dercd.
The following resolution. offered by
Governor Cameron. was then adopted and
will fix the manner of paying, the salaries
OF both city and circuit Judges, unless it
is reccnsidered at the next meeting. 1t is
probable, though. that this resolution will
not be reversed. as it was carried by a
large majority.
That the salaries sof the circuit Judges.
shall be paid. one-half by the State and
the other half in proportion by the city.
md conrdes composing the circuits. ex-
scept that the salary of the Judge of the
Circuit Court of the city Of Richmond
Ehall be paid frs the State except such
pt'oportioEate share as should be paid by
the county or counties in the Same circuit.
md that. as to the city judges, the salary
shall be paid o.ie-half by the State and
half by the cities OF the first class.
Mr.. Virginius Newton, chairman of the
Committee on Finance and Taxation. has
written a letter to Colonel Thomas II.
Carter, proctor OF the University of vir-5
Einia, correcting an erroneous statement
printed in some papers to the effect that
he thought the appropriations made to the
University were eStraragant. He adds
that il the income OF the State were sur
4ictent he would be- glad to see mucf,