The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-01
OralsArgulmI1Ile:;nltt;. I. lnIdlulgetd VI ed
In, But Counsel. /. Stick
". to Briefs.
THE DOC CTRIN\E: \ OF
EJlJSDE GENERl;S!;. !! }.
This Seems Be ''.13 the 4 "A. Strong Strong
Ground Of P itioner GO Court ,E.. II
sug geste:dt1 That lat. Only ('r Y II \
n. Constitutional Ques-
tion5 Be Con- !S5
sidered. Eas

sidered. II
Il rhe 81, prene Court OF Appeals OF vir-
8rinil ii, special session yes p hea1 1 *
&. !. case Of Joseph Button aga Inst the.
state Corporation con,1niHssiso,n H on, OF me ING
Il ,et,t,on OF Colonel b utton for q & VIII 'rl
= n,n1,dan,us compelling the Corporationf e!
Commission to swear MIN in as insurance
N COM isson err a new fiice created pys act
n he last Legislature and TO Swn!cn po1
sitIon the same gslature eiectea es ~
a mel Button. Y, y, !, 4 . .,,.a e aim
u {, ], 4 ~ = verbally and later IN q le ~
... .t = Colonel & Button hat they nave a.Vt.
4 4 80 "a doubts Sas to the
IA M under W hich he had Deen el'a,e-
4 ~ tho position Of lns,lr ance
sst.n az The contcntio lon of me coln,n t.,a.as
sinn rs was that the Consttutlon LOUSY -
In the commission itseI 8 tIie - -
snanae j., nfilce was placed by the CON
~, er the control and Inhnaks
n n sns.t,r tha state Corporation aitaa
sion. 5e =, ~: !. 81 III u
rhna ,,non the petition OF Colonel isu!-
Sars q writ OF ma ndanlus the a SWnolo ~.
d In II the c5itsti itutonality OF .,11 ,
f i, ~ sthe 1eg1slature came up iMol M Il. 70
@ y. ~ N court Itself seemed 70 ~ -.
" " ION that that Wns the oil,y
~ he fore them. and Judge shsa.n
NJ q wh sparcd consultation " Y ~ :
txyh,ttle suggested to {$ co cl 'se ~. -. =
VIA bility 81 contining the 9 ar rsuInsnt =,
nat and eliminating tho otner go
49, sto1it
~ - - rommissio Mr.. Frank - ~ !.
pprlstian representing tho commission
I! q ..aaas,y consented, but Idill
ri,,p for Colonel Button. onio ll ~. nos
as e9Tsss Tss 8 inte aieseis.f
I uaa shown BY the TACT .thas e
81 Il, rad AZ more q liens were
ca,rt room at the Eopenir Sot tne ssous -
near the rgument. he8 * ~ y. ], s,a
made up largely OF la aWyers, ~. th.s
,a ma nv laymen. Eve sea g - :.
R Wers 4 Yns occupied and stahains
roon, wa s$at a small pr W ull.
s Is I. :. as the court met Attorney- AL
y ~ , And erson reaues ted the prlY1les1
4 :. s,,t,,s, matter OF right, the appeal
O. ~ a. "a from the ison ot tne
\ y tion Commission In ne '
Il :. he Churchnnan two-c cent miiea s.,
y LA AZ cd that It be 90 cRe1eeu
no that it may come UP y : l.ss q aI,tar
~ he court In Stauntomn y On On ti oe ~
~ ''sN 4 No New Points Raised.
The Button case was then IaRsi Isls., +,e ~
without any formalit q otnsI. ala,,h.
rsmls ~, The assembling OF the court. H !.
T,,a ,n,,rt int response Il to g quer s 4os
I1a,, & Ii5 Kelley, OF counsel for E5u'ton,
t,uu ON, : EXPRESSED a desire to hear
Z 81, ,,,ent 4 the lawyers at once preceeoed
~ discuss the case. Afr.5 = eliey WAS 1s'e
first speaker. 81 ~ ~ 7, i, ! Z =,
q N, rg,l,nent OF Mr.. rs lndeen
,,,a a. =, All the lawyers was confined
% ,,arvT closely TO the briefs, lready Ilea'
and which we're printed In full N sesties-
i An morning S Times-D ispat tcn.
8' IL sheld stl1a case to be Of the .utmos, \,
u ,rnnortance as Involving the rights ana
nowers OF the Corpora ton COMMISSION 10
related to those OF the General
,,iis,,,,.,ort OF the AUTHORITY OF the Cen
( arai a AZ ssenbly he said I hat while the Cor
Y nnrafion Commission possessed only suchS
4 !,o,se,s q 8 we're given It.. the General As
aambly mad all the powers that are nov,
taken from It: that while the commission
,.,a ! ,rea ted aby the Constitut tion the Sien
3 eral "a ssembly would exist y there were we're
no Constitution.
81 sneak king OF the Department OF the ln-e
p,,,rnnce Commissioner. he declared {it to
+ haBan absolutely Independent bureau, the
d,,tias of the officers and clerks OF which
are, separate and distinct; from The func-
# lions y o. the officers OF the State Corpora
7 lion Connnlis SION. iEa
s,f5 Mr.. Kelley laid mllch stress upon J ING
doctrine OF "ejusdem generis, that
Y Y &lane,iaRe OF statutes shall ba construed
,areelv by the context and argued that
Il ,,,hen 4 the s Constitution Jared "a that
sclerkg, bailIffs and all other officers of
the CORPORATION Commission should pc
pleoted blythe commission = y 8 meant sucn
pfficers as clerks and h na''ills !, ana nol
h such higher officers as the heads
~ o1G, nav ,,n Bureaus Of departments that might
be created by the Lesisla ture.
Mr.. Christian Replies,
,,r CHRISTIAN Il attorney for the COM
II n,tssion ss In his reply confined himself In i
most pare in meeting the points aapanc-s W nc.
& ed sby Mr., ley. He earnestly contested
the statement regarding the dlstinc tness
+ ~ the functions OF the Insurance Cons
4 missioner as related to the powers ol
G The corporation, holding that y nag neen
the general scheme of the Constitutloh
" 10 make all such commissioners sud-
3 seryient to the Corpora tion Commission
1 10 such an extent that the officers should
I be elected and subject to removal pys tlle8
81 eommission, jif7s f N
In considering the printed brief Of the
\ petitioner, Mr. Christian obJected 70 tne
citation of5reports OF certain remarks ot
Mr.. Braxton as published at the time IN
lhe Richmond Dispatch, he doubling NOT
The yeraclty Of the ewspaper, but tue
construction Of Mr., Braxton's Words, as
a reported In that paper. Il
In this connection, Judge Keith called
attention to the decision of the court In
Me case or Funk khauser VS., Barr, in
which the contention ,of Mr. Christian
was. sustained, AIr. Christian e thanked
the court and asked tina t this decision
/ be made a part Of his brief, 3s! "a
Mr.. Carter C1bsed,
Mr. Till Carter closed the argument
4 tor the pet tIoner. ::IIIi Is speech was brief,
\ but earnest, He went over the points