The times. [volume] (Richmond, Va.) 1890-1903, 1902-03-05

til my husband read one OF your pam
phlets. After. I had been using it felt
batter than had for three years.
diamond Dyes made ats s IT, s'np'sz, ayes
fellow-servants, assumed risk, ccntribu
tory negligence and the abstruse princi-
PIES underlying them, were discussed. It
was a. !awN erS debate strictly, tha-
would confuse the trained minds OF
Judges OIL the Supreme Court Bench.
and has done it everywhere for nearly Il
century. Eminent opinions from Courts
were cited by both Sides and each
speaker quoted strong points to substan-
tiate his position from standard ele-
me11tary authorities.
Messrs. BraNton, Meredith, G. n An
derson and Withers spoke in favor of the
amendment, which e1nbodies the language
| OF the Mississippi constitution and has
been construed by that Supreme Court.
STRONG SUPPORT.
AIessrs. Visor and Thorn spoke in
support of the language as originally re-
ported by the committee and against the
amendment. The ten-minute rule was
not observed, some of the speakers using
nearly half all hour and Messrs. Wysor
and Braxton speaking twice.
Mr.. Withel's explained the meaning Of
the amendment for the benefit of the
members who were not lawyers and did
not deal in legal disquisitions to the OK
tent that other speakers did. He
claimed that the original clause re-
ported by the committee almost nulli-
fed the ruling sought by employees
Debate was shut off at 100 o'clock by
a call for the pending question. 1t was
decided that the amendment suggested
by the chairman was a part of the re-
port and tho vote was taken on the mo-
| ton of Mr.. Wysor to incorporate the orig
inal language as reported by the commit
| tee and adopted in Committee of the
| Whole.
AS amended by the chairman the clause
reads: knowledge, by any such EN-
| ploye injured, of the defective or unsafe
| character or condition of any machinery.
ways. appliance, or structure, shall not
! be a ''defense to an action for an injury
| caused thereby
| Mr.. Wysor moved to adopt the report
as first adopted. providing that the
knowledge. etc, mentioned above shall
not Of itself be bar to recovery for
! an injury caused thereby
| THE VOTE.
| The lNysor amendment was rejected
| by a. vote OF 26 to 80. The vote was as
| follows:
Yeas-NIessrs Ayers Thomas II. Barnes,
| Bolen, Bouldin, Brooke, Cameron, Car
ter, Chapman, Earman, Gregory, Hamil-
| ton, Harrison. Hatton Kendall. Lincoln,
Lowell, Nundy. Richmond. Robertson,
Thon Thornton, Waddll, Willis, Wood
house, Wysor and Yancey-26
Nays-Messrs. Allen, George K. Ander-
son, w. A Anderson, Barbour, Blair,
| Braxton. Brown, Epes, Fairfax, Fletcher,
| FLOOD, Garnet, Gilmore, James W. Cor
don, r. l.. Gordon. Green. Gwyn, Han
| say, NIcIlwaine, Meredith. Miller. Mon
| cure, OFlaherty, Parks, Phillips, Pollard,
/ Quarles, Rives. Stebbins, Stuart Sum
mers. larry, Wescott, Withers and the
Presdent-a9.
Mr. wysor next offered the following
| amendment to follow the last para graph
Of the section:
! Nothing in this section shall impair
the doctrine of contributory negligence
4 1t was rejected by vote of 10 to AZ.
Judge Robertson made Il speech II
support of an amendment, declaring thai
4 the Mississippi construction of the Ian.
guage shall be that Of this Constitution
He said he hoped the Supreme Court @;
i Virginia would not have to get its cen
struction by having ever to read the
debates in this convention.
1 55aI'he amendment Was OVERWHELMINGLY
rejected-yeas. Z; nays. IS.
The section was then formally adopted
i as amended and this concluded the re
s port
{ CIR Hubbard introduced a resolution
providing that no member Of the
convention should be eligible to a posi-
ton on the Corporation Commission. Th'
point of order was made by Judge EElar
rison that the qualifications of the mem
n s,Jr hoe
2 passed upon in a former section. The
president ruled tho point we'll taken. Mr.
i HUBBARD appealed from the ruling of Thu
i Chair.
The vote being taken, the decision Of
the president was not sustained by g
vote Of q to so.
The convention took a recess at 81
4 o'clock until 4 o'clock.
Afternoon Session.
1 When President Goode called the con
j vention to order at 4 o'clock he said thai
i he desired to make a statement in OK
4 PLANTATION of and justification FOR his rlll
ing on the point of order made; on the
Hubbard amendment and which the con
,Tention& had seen fit to override. He sale
that his ruling, mado on the spur Of the
moment and in the closing hours OF con
4 fusion before the morning recess, was
4 in compliance with parliamentary Law
4 and all precedcnts heretofore established
by the convention. He had investigated
it 6rrius the recess and calmly ralsid
A cred it, and vas compelled to state tina
4 This ruling was correct, and lie desired
I Ito go on record in defense Of this propo
4 sition.
i He said that section 5 of the report
4 fixed the qualifications of members of the
Corporation Commission. It had beer
i adopted several days ago. and no suct
] amendment had been offered or consid.
cred. This section had been fully consid
q cred In Committee Of the Whole 4 and ;ir
4 the conventihn,i and motions to recon.