The times. [volume] (Richmond, Va.) 1890-1903, 1902-07-26
SENATE ADJOURHS
TILL MONDAY
House to Meet at Ten o,ClocK
To-Day.
COMMISSION is REJECTED
The Lower Branch Again Refuses 10
Appoint One-Barksdale on Pure
observation-disclosures General
Gives Opinion.
COMMISSION is REJECTED

III. Youse held a protracted session
yesterday and disposed Of large amount
OF business and at 2:2o P. NJ. adjourned
until 10 o'clock to-day
The Senate held two sessions and adj
1our7.ed until noon on Monday.
The star attraction on the Senate SIDE
was the speech Of Mr.. Barksdale in favor
of a motion 10 discharge the Committee
on Privileges and Elections from the fur-
t.ie,. consideration of q pure elections bill
Off ed by himself. He did not really care
to have the committee discharged. but
made the motion in order to create an
opportunity 10 sound a keynote IN favor
OF the measure. AS soon as he conciuoeu
his remarks. he quickly withdrew Inc
motion. II
Tho Senate did little beyond hearing MT.
Barksdale at its first session. at Tue a.
ternoon Session it took up seFe1ai II i,'a !
lers and considered them ana :. da,.en,,
OPINION from Attorney-GeI1eral tAi.ost so..
as to the limit CT assessments CT ralito si, u
properly for local purposes, ~.
be no session of the Senate to-daS,
The House rejected another couiiS ,.s
commission proposition ollel eu Iii.
Whitehead. and passed nufnoei 80
1t will meet at 10 O'Clock TINS mo- LIB
The Senate.
Mir, Wickham. president, pro TEN. "a
,hr senate called that body TO oroer yes
.er6a,. afternoon No minister was pres
ent to offer prayer LOT 'ile y ...a..aa
re reading OF the journal was dispenser
with 1,..,oe
,,roTet lis chairman. Mr.. Mcllwaine.
submitted its report. constituting sectioh
III of the new Constitution, reiaNns 10
tho use of free passes by officers OF the
c,a.e and civ. The report in full is gwen
herewith:
ITO the Senate of Virginia:
Re resolution adopted on the sth day OF
J,,11- 1902 the committee on courts Oh
1ustirc was instructed to construe sec
ton one hundred and siXty-one OF the
Constitution Of Virginia in so far as the
same may effect the right of any member
Of the General Assembly to hold or use
m annual pass over a railroad when the
said pass was received as compensation
either in whole or part Tor "oih uoiie
or services performed by such MEMBER
for the company issuing the same.
SO much OF the Constitution as need
he considered in this connection reads as
follows:
Section l61 No transportation or
transmission company doing business in
this state shall grant TO any member
of the General Assembly ...-... any.-.-.--
free pass. Any member of the CEN
cral Assembly ........who shall. While IN
Office. accept any gift, privilege or bene-
lit as IS prohibited by this section shall
forfeit his Office &c.
IT is evident that the word grant" IS
not used here in its technical. legal sense,
but signifies merely 10 hestow, or TO give.
without consideration deemed valuable IN
10, iS that given
without legal consideration, and Is mere
gratuity. An annual pass may or may
not be a free pass: but where it possess
sion and use are founded upon a contract
for valuable. legal consideration, 1t is
not a free pass. and in such case there
is no prohibition or penalty affecting eth
er party TO the transaction.
In public policy there can be no great
er reason for prohibiting the granting
of an annual pass as consideration IN
whole or in part for work done and per-
formed or for services rendered and to be
rendered, than there Is for prohibiting the
issuance OF the capital stock of the COM
pany for the same considerations. The
latter is certainly not prohibited, and
YOUR committee does not think the for
mer is It is the complimentary or Gra-
tuitous bestowal OF gifts, privileges or
benefits that is prohibited by this sec
ton of the Constitution, and not the is
saance or acceptance Of an annual pass
tor a bona fide. valuable lebal considera-
ton.
To Gum the matter up your commit
tee begs leave to report. in It's judgment.
neither the issuance, nor the acceptance
of an annual pass in the circumstances
mentioned in the resolution. is opposed to
either the letter or the spirit of the Con-
stitution: and the same is not prohibited
by section 16l in any case where the con-
sideration Is legal one. whether the
said consideration be money. work per-
sonal service or other thing of value
Mr. Barksdale. OF Halifax, offered again
his bill designed to punish bribery and
corruption in elections This bill was Of
fered at the last session of the Legis-
!ature. but failed of passage. Mr.. Banks
dale moved that the Committee OH Privi-
!eges and Elections be discharged from
further considera ton OF the bill.
The measure proposed by Mr.. Barksdale
10 intended to prevent the alleged COT
rupt pra ctices. TO limit the expenses OF
candidates, to prescribe the dudes 81
candidates and political committees. and
providing penalties and remedies for the
violations of the act.
Mr. Barksdale spoke in support OF his
bill at some length. His speech contain.
ed many good-natured hits at the Demo.
cratic leaders of the county, Governor
Montague, and in fact he was in 3
tree lance hunor. and without bitter
ness or acrirnoay, cut here and there
much to the amusement of his col.
leagues When he wanted to stop 4 num-
Der OF the Senator's told him to- go on.
His remarks about national politics
caused Mr.. Keezeil to ask him who he
was nominating for President. When
ne did stop Mr.. Bruce, of Wise moved
that fifty copies of the speech be print.
ed fer distribution in Halifax county.
Mr.. BarksdaIe withdrew his motion
that the committee be discharged from
consideration of the bill
Mr. Moon called up the bill prohibit
Ing the sale Of cider within one mile
OF Appomattox Courthouse. The bill
was taken up out of the regular orde:
and passed.
Mr.. Moon communicated its passa ge
70 the House.
Upon motion OF Mr.. McIlwane the
Senate took recess until 4 o'clock
waiting on the House.
The Afternoon Session