The free lance. (Fredericksburg, Va.) 1885-1926, 1906-01-16
Mr.. FlTzHUCH'S VIEWS
lie Addresses the Taxpayers and
Business Men Of fredericksburg
He Says the Corporation Court Issue Is the Most
Serious One That Has Confronted This City
Since Civil War.

fredericksburg
deem it my duty, as the City Attor-
ney. To present the following considera-
tions. which, | think, should Toe carefully
weighed 10y all the people before they
finally conclude whether they VIII retain
N abolish the Corporation Court
II they shall conclude to retain the
Corporation Court, they cannot hereafter
plead ignorance of the consequences
which may ensue.
Personally. | have no interest in the
matter that is not common with every
other citizen, except that as a pracuclng
attorney my practice could in all proba-
bilitv be increased by the ret 'ntion OF the
Corporation Court, but the city VIII, n
my Judgment. be greatly injured 10y the
retention of our Corporation Court.
Fredericksburg. alter the fiery ordeal
through which it passed during the Oiyh
War. has had to confront many grave Is
sues. but none as grave as the one which
now cOnirOnts it.
The unexpired term OF Judge Wallace,
which is being filed by Judge Embrey,
will expire on the first day OF January,
1907. and the vital question which our
people are now called upon to Diet 'rmlne
l. whether we shall elect another COrpo'
ration Judge, and continue the court, or
abolish the Corporation Court, and sub
stitute a Circuit Court in its place. To be
held by judge j. l. Mason, who succeeded
Judge Barton as the Judge OF the Circuit
Court of fredericksburg. and held said
court with great satisfaction TO our Bar
and people until the Circuit Court OF
fredericksburg was abolished 10y the
new Constitution, and not rs the Even
ing Journal seems 10 think, 10y some OF
our own non-progressive citizens.
The new Constitution divided the cities I
of the state into two classes. ana De |
clares that "all cities shall belong 90 the /
first class which contain. as shown 10y !
the last nited States Census or census /
provided by law, ten thousand iuhabi- /
tants or more, aud all cities shall belong I
to the second class which contain, as
thus shown. LESS than ten thousand /
inhabitants.
The new Constitution then declares /
shat no separate Circuit Court shall be /
held for any city OF the second class until /
the city shall ABOLISH its existing tlfl /
Court.
The city OF fredericksburg beinga city /
Of the second class, thus lost It's Circuit /
Court by the aforesaid express language /
of the new Constitution, and cannot re- /
cover it until the city shall abolish It's /
existing City Court.
But the new Constitution not only de- I
prived Us of this indispensable separat /
Circuit Court for fredericksburg, hut /
contains this further provision which will, /
in my judgment. prove most disastrous I
10 both the city and the people, and be- /
come an intOlerable nuisance before /
many years pass over our heads.
The provision 10 which ! refer Is this /
During the existence OF Incorporation. /
or Hastings Court, the Circuit Court OF I
the county in which such cityis situated. /
shall have CONCU RRENT JUklSDlt- /
TON with said Corporation or Hastings I
Court in al actions at law and suits IN /
equity
This provision is bound 20 work two
fold disaster 10 city aud people n we CON
clude 70 hold on 10 our Corporation /
Court.
In the first place, this provision CIV ne
the Circuit Court OF SpOtsylvania con
current jurisdiction with the Corpora
ton Court of fredericksburg renders the
city OF fredericksburg. and every man
and woman living in fredericksburg, LA
bic TO be sued at Spotsyyania Court
House; and the city OF fredericksburg
and every man and woman in Freder-
icksburg. against whom anybody has
any claim or grievance, will be sued at
Court House, and not ~
fredericksburg Our city and our PEG
ple will then have u incur the hardship
and additional expense OF travelling
twelve miles. over bad roads in winter
and summer. to defend themselves against
the suits which will certainly be brought
against them before juries in the county
to whom many of our people are strang-
ers. and witnesses will have to be taken
TO the County Court House. away from
their homes. and deprived OF the comfort
Of returning TO their homes when the
court adiOurns for the night, as would
be the case ii the cases We're tried in Fred
We are having proof OF this
every day Col Cole has been twice
sued at SpOtsylvania. Court House Tor ,
alleged action OF his as q city official.
One OF our police officers has recently
been sued at SpOtsy lvania Court House
for alleged action oil his as police officer
Of the city of fredericksburg, and every
time a citizen OF fredericksburg or
man comes into unpleasant col
ision with the city police or officials and
magines himself aggrieved, that police
officer or city official will have 10 repair
to SDOtsylvania Court House 20 defend
a suit for damages
So every merchant and business man
in fredericksburg against whom any
body in the city or outside has any claim
Or grievance, real or imaginary, viii ;
have to go with bis witnesses to Spot
svlyania Court House, and incur all the
OF most restricted and some
times wholly inadequate accOmmOda
tons, and the loss of time, which i
dreadful, in trials in the cOun-
try. | was recently engaged two weeks
in the trial OF one case, which, II tried III .
could not have consumed I.
over three days.
So everybody who is hurt on our I
streets. or imagines that he has suffered !
injury at the hands OF our city, will sue {
the city at Spotsylvania Court House.
Suits against the cities are multiply Z
ing all over the United States. ] saw IN
a Chicago paper not long ago that the
District Attorney of that city had stated
that there are damage suits against the
city OF Chicago, now pending, aggregat
ing $50, 100000 and many of the lead
ing newspapers and periodicals OF the
are calling attention to the
alarming increase of damage suite
against individuals, corporations ana
cities.
No suit for damages will ever be- :
brought again against our city or one Of
our citizens in our fredericksburg Court,
and before a fredericksburg jury, aslona
as the Circuit Court OF Spotsylvania has
concurrent jurisdiction with our Corpo
ration Court. and one hundred damage