The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-31
ORAL l-)'R sARGUM MEN III By I|I.EII
NOM IS CERTAIN
This % Depend ent Upon the " visheaI
$s fsthe Court Briefs 3 81 ! Both i 3,E
B Sides, Giving Their Con
tentions i'll Full sf5Ss Y
Are \ Ms.
Public. u, ISs$ Ss
1,

@morning at 10 10 clock hear t II e case sof
Joseph, Butt The 81 ate &C rporat ton
nniission OF IA ginia upon an pplt-.ssss
cation forg d rnandamus to compel tfesse
conn, ssi on to accept Colonel y ~ tons stls.
the Insurance Conlmis aione NJ appotn ted3 Ietl
6,,nder an act ot the recen General AS.
sembly I'D &. IN sSE ss
&$s The I case has attracted wtd despread ms
Sterest, and the briefs of the counAel ollS
8botli sides, printed bel vi be read
&wlthEp found att en- Ion III
S& Coone Button has reta ned .Eilllsf
Garter, Of the
ter, and Hon. n .s5
Shis bchal
Fwlll appear for the gorpora ton 'irs$
EMISSION, rs
SIs Mr. Chris Tia 4 was appr roached y BY ttle 4
members of the commits IN q iiees
offered Ills services tll
#derstanding that he should serye iass5
fee. as the ya5 aI
public one, and the ser Ycd l2rI
the good of the " state s.S
~ He Brie IS File {. III M
The TrIef pared IS pla!iiln tsW
essrs; "a rters and been pTln1tsaS
since 5J TIL but sa
was filed only late terd ven
There will n il q.
~ dge BIC anaiig III
and has notified II Judg 20
8syill| not Be a bio to be pr sen
is thought that he ssi
FOR II, sorsl argument. ~ nEoSs
al tof,,arySin riand
ina 8eye Il tS Oral g1net1 n otss
more a,e
oI& each idA
s1 G|R5s BRES 81
gssTnsI1tss
Swh1c III eou .no ssa
SthfIf ~ einent 70 con taItts
brief which Had @beel pl;s
Neither side had abeen not fled
arguments woud be ed ss
court bit y !Sllld od that sS,.S
are prepare ed be the
one ofs the judges: NJ " 4, & ,,I
While no one knows VII n an io lh$
THO m "a "a Will be llnnd own sS$ Y
Thought that not long thn sa week
be taken he courty to co l = @
lions involved and that Perha N pyasss
ex Monday the matt or ofs nce,
Comm sslon will be- set res sss
Would NJ 81 Qualify in. il1 sss5Es8
on satulda 3, June 3oth, eolonel ~ osepns ssS
Button having ened home g. rom
rope; ri appea red be fore the Corporat tlonSf
gconpni ssion to take il the ont h Of ofileeEs
and give bond for he falthful pc rforI -sS$ wv
sance 81 his duty as Insurance Connrnts-ssss
ssoner, to, which office he had 3 been = p!Sss
pointed by the General Assenlbl on the
9th of March q st. s
Is allow Colonel Button to Squali II. and
gave Is reasons Sfors lisa action IN "a pa per-
which set out that here " Was IS ave
doubt OF whether the u General a ssenn ply
$is$c1nnoweretl to provide by la w for the
SclectionSo az tho officer den nomlnate ted In Iltta
#s,atutesunderEcons ldern lion, as \ heS COM
missioner OF Insurance y OF therwise than
bynppontment by the State Corpot, Ion
EConiL,issloll, \
Tile paper also q lscusse q the Aq uestlonS
at some :lngth, and expressly stat ina that
E}the matter was strictly one Of law, and j
that no element OF UNI lin ess 3s!ss rS
feeling entered into It. :,5s sis 3.
Colonel Button declined R5 for 5iSSssS seYe raI Il
gt.nys to state what action he prop osed Sto "
take Al first he declared tina he would 4
not ask 10 rn nrr,andnmus, but later, A. az
ter discussing the queation VIII l8 nlsSS = lS3j
friends engaged counsel and a ppl led 80 ~
n writ OF nnndamus us. The brier meg V
ny ta counsel nkes theS groun 81 hasS q
the duties Of the conlmissio were purely 81 h
ministerial. and uses these V WoTas 5sS
1tvof this act should not have been con 8s3
KS sdered Or raised l by tn 81 CORPORAL tlon
Commission OF Virginia. in allowing sS
Joseph Button to tqualif " before therns
Il their duty In the premises being mstS- N'eE
Is ministerial Y, !, ~. q, a.,.,s Y.
Y 3 4 contends that the Legislature undsr
the unconstitutional provision had .tne r'sHs
to name Colonel Button as !nsuraMSs y, " 81
Commissloner and gives " W. ~
renar ks OF Mr. f'rtAA to1s. M nnn.
srn,a med the section at issue 70 the COR
,,ar ian & N Swhich he used the
$..free hand, in attending TO acts ol ~ ~
IL ,ep,slature in adding departments y.
CnTnoration Conmssio ion, u assert w - m
~ ,,nwar vest ed In the colnnlissloh y
= rront V,s subordinate and refers ONE
a'ar,.s md ,,small subordinate ONO !. a
4 ~ thIs Ietition the state Govpo,,a..n.' sa.'
r,omm,ssIon 5demurred ana ahsWei1u Y y s
ting out pract tically the sSl,a, pnts,n
s,rassct, In Its answer 70 N'olohe1 81
on Juno SOth, .. -, I, q i, a d n
,rha i,r,ef filed Ny Messra :. e,hfls.tA., Y.
jr,,,r,.fin e In the beginning aels out WY
~ Il essential to the harmonious AhG ~
fIcient working OF the
mission that the question ~ lssua ao.. 3
correctly decided and 5hel. Ion,ainn nu.s "a ths Il
Consultation at Issue, ha estss's' a 4 AZ
section lb5, as folloW y i, y IL, 4
elect one OF their members oiial1ynsH Ils! iSs
~ the same and shall llaYa one cles w Y,
~ =, IN, iiff and srnh other clerks, on s
cars. e.,n 1 assistants and sbordinates ~
NAY may ba provided by law. 81 5sof when
smai, be appointed and slbteet to rsy
moyal. move hy the e4orsr4asNo oql N r ssl Nh
4 Continuing II says II y y. u v;
+: eve recognize, OF course, ths fecs ~
sthe General Assembly "a the suTseMs
4 sase 70 ,,.,na mn power OF the State, With
whom tho legislative power is dEed, bsat
that power 20 alsd se'biect 70 sll ths CO. III