The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-12-23
REPLY OF 0
MR.M'IL[...WA||'I|..N||'.E||
Petersburg Senator Answers tie
Criticism Made esterday
BY Mr.. Duke.
DEFENDS SENATE COMMITTEE


Argument to Show Course LAS as
Been Proper: Oh Eminent. DO Do 4
main ndPublic Service Bills.
senator ~. b. NtcJlwnlnc, GOT Peters
,,,rr,. rnples. as follows 10 the criticism
passed by Mr.. Duke upon the Senate !Gl
Commit &C for Courts Of Justice, published
in Yesterdays Times Dispatch.
Editor Of rho Times Dispatc eli.
Sir,-Being confined nts homo BY sick
ness under the caro- OF a doctor. 1t nus
been impossible forIme to he in tllcsSen-
ate since last Sn turday. have u st read
In your paper to-day, Mr., Dukes scriti-
c!sm or the Senate Comnlttteesfor Courts
OF Jnstlce, which, as 1t 'nocessltates Il
prompt reply, must come from my SICK
bed gT33'tt G5 4 .
Az I understand It, Mr.. Duke com plains
Of tho failure to act upon three House
bills, namely those providing for q hu-
reau or insurance the exercise or Tic
right OF emincnt domain, and tho. resu-
lation OF public service corporations.
1t is conceded that each Of, hose bills
was passed blythe House OF Delegate:
without careful scrutiny. and came }l = TO
the Senate III such unsatisfactory. shape as
TO incur the +, CONDEMNATION 4 alike nt
friends and opponents, but thoy MI! pe
taken. up in order. ..iN+,q
TIE INSURANCE BILL.
First. tho insurance Bill was ended
BY the Senate committee. IN every parttc-
ular suggested by it's friends. except the
one providing fer disappointment Of tha
commissioner OF insurance. by tho state
Corporation nission,a wlichsa amend
ment was afterwards :ldopthd7 Blythe sen nn-
ate, but tho bill .was. defeated onalts pas
sage. Upon a&n,o tion;to !1:econsder- Twas
again refcrred4to theFconmittee' Hut * -
certain that none ofrits friends has made
an cndcavor to put 1t in :suchsshape as To
make it satisfactory to the Senate and
as + voted for the bill, and think@it
should have passed in It's present form, (!
do not know how It could DO Improved
by further amendment. The Senate thinks
tile present laws are sufficient for tho
needs or the State. and ;wo have no right
to crlticlse its action. IL, ". Tts{..
EMINENT, DOMAIN. RS. 4 q
Second, in, tie discussion before the
| committee, it:deveoped. that qui 10 g. nunl-
| Der Of amendments would 0e necessary
| to tho bill concerning eminent domain,
| even If tho committee should adopt tho
| views preSGTC6Qt VII. L'uhts ~
! rate argument, Ills chief interest seems, 10
he conferred in the House amendment suy-
! gested by himself. that no company shall
have the right to condemn q right ot
4 uay within sixty feet Of g. DWELLING
| whether tho same he In the country or in
a city. This is prohibited blythe bill. It
Is true, but there are a great many other
provisions -inlts that might work a great
injury to tho people on the one haiid md
the corporations on the Eother'e 1t Is ad-
mitted bS all, including Mr. Duke! that
/ amendments arc necessary. and 1t Will 1lot
be denied that any plan whlch:ls finally
l adopted should be as nearly perfect as
possible. and just to all parties I'm in
/ terest The property ownersTof the Slate
| arc certainly protected now, because 1t is
| impossible for a corporation to- condemn
one foot OF land until some law Is pas s.
ed providing q method by which 1t may
/ DO done. 1t never occurred to
me, or to any member Of the
committee, that the Individual could COM
plain of the failure to enact this law, be-
cause, IL a corporation wants his land
now 1t must buy 1t and cannot condemn
! It, We had thought that the corporations
might complain, but in our Opinion It was
better to let this matter wait for the
next Legislature, rather than attempt the
impossibillty of giving proper considera-
ton in committee to n matter OF such
, vital Importance, wucn the constant SEES
sions of the Senate were recurring all the
time that could be gwen TO: leglslat on. :,
PUBLIC SERVICE CORPORATIONS.
Third. The bill concerning public ser
vice corpora ionsa has been heard Ias. tc
only one OF its Gphascs--that relating e
telephone and telegraph conlpnnles-lr
which Mr.. Duke took part, and this con
su,ncd all the time that the COMMITTEES
had for the considerat ton Of tho Whole
: bill the Senate having adjourned In or
der that the committee might sit for TN
purpose Tho railroad companies lnsls
upon being heard. and the opportunll!
must also be glvel, to the steamship, teN
pross, turnpike and other, companies Whlcl
desire to be heard. These companies hay
interests at stake. and 1t would be, un1us
to leglslatc concerning them withou
granting hearing when It Is respecttull
. asked. Let II be remembered that the'
had no hearing III the House OF loe!egates
: But the failure to pass this bill doc
not work llradship upon any one. pc
cause the whole subject is covered b.
/, section 15G of the Constitution Sub-s sec
zion 81" provides as follows concernln
the powers OF the State Corpora ton com
: missions. . , a..
!, (b) The commission shall have tn
J power and be charged with the duty 9
= TRANSFORMATION and transmission com pa
Mes doing business ii this State, IN
matters relating to the performance
: their public duties and their charge
therefor, and Of correcting abuses therei
q by such companies; and 70. thiit eng %
: commission shall, from time to TIM
y prescribe and enforce against such con
. panles, in the manner hereinafter author
9 ixed, such rates, charges, classification
!. Of tranic and rules and regulations. an an
!. shall require them to establish ana ~. mai
cnnvenienccs as may be reasonable an
: lust, which said rates, charges, classlf
cations, rules, regulations and r.e1ulr.
ments tho commission may from time
time alter or amend, All rates, charge 90
classilcatlons, rules ana Sesulas ~,
adopted or acted upon by any sucA COZ
o many. Inconsistent with those prescribe
by the commission within the scope (
It's authority, shall be unlawful ana vol