The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-08-02
.B.Ul1[ONIW||VSOU1
MANDAMuSlssUED. S
The Supreme Court g \ 'lrt|, Of Of
Appeals SuStainS Act \ i
Of 81 the !ly Assembly. s n. b
~ ---.
.SHOW US THE LAW
AND sI1T5 ! I 5SlJFFI ] ]. CETH,US''' +: I s
50 Say the Commissi oner order. rr.
Of Court Served and Colonel
Button Will Be Sworn
4 in as Insurance
Commits sioncr
To-Day. "a.

The Supreme Court OF Appeals settled
the case OF Button against tho State Cor
poratlon Commission, in which n Colonel
Joseph Button prayed for q man ma Il
dan1us # requiring the commission
to swear him In as Commits
Ssloner or Insurance. and as such the heal
4 OF the Department of Insurance Of tho
State government, and settled It sooner
than those who attended Tuesday's ses-i
I sion OF the court expected 3g9 .435 If
a The court sustained the consU Ututionality5
4 OF the act of Legislature creating tho
ONCE Of Insurance Commissioner. fters
this action there was thing else to do
b,lt I TO Issue IA writ OF mandamus sredulr
Ing the State Corporation Commission to
carry out the law by performing tho
duties required ot them by the act-that
Is to swear In Colonel Buttsn as y sur ~
ance Commiss oner. III Y 3 ss
55 Quite a number OF lawyers and others
wore IN the Supreme Court room at 10
O'Clock yesterday morning. the hour
n named for tho meeting OF the court, but
,Eit was twenty minutes later before the
h Judges filed In and took their seats, eats,
Short and TO the Point.
The record Of the roceedings OF the
day before having abessl read by the clerk
Judge Keltt, announced the refusal OF
several petitions and then said lin the
& case that was argued esterday the court
Is OF the opinion that tho act Of thle
LEGISLATURE Is constitutional and the
writ OF rnandamuH win issue The fnll
opinion OF the court will be handed down
later. The court then took q G recess
until the afternoon. t5sI 81.
tThe afternoon session was devoted SIM
ply to the signing Of the record ds, ana ~
when this was completed s the special lt
term adjourned. The full opinion n stha
. Button case VIII & probably be read 3 q
the special tern, Of the court that Will
Y be held In Stnunton, ginning Septem per PEI
I 4th. mi 3E 5s f b 355
The Courts Order.
@ About o'clock in the afternoon !! 4 the ne
following document was handed % Sli SChairr e,
man crump, Of the CORPORATION cotr'fn's- ~
d sion. s 3sB rs
%,A1 n n special session Of the supreme III
Court OF Appeals held at the Library
building, in the city Of Richmond, On y 8.5
wednesday. the 1st day OF August,
5,3 1906: 5,j 3si3 3 If fis /.
Joseph Button. petitioner. 5i.5; @
5ss rhe s State tate. Corporation Commission, re-
j
uponssa a petition By Joseph Button
for a writ: OF mandamus to compel s
n the state Corporation Commission OF
Virginia H to administer uN proper
oaths and TX the form OF and ap-
proye the proper bond received N 81 #
said petitioner, and allow him to dual
ify as Commissioner OF Insurance: 3s. NJ.
This day came tho parties, by coun-
!, sci, and the court having matureiy
4I>.F 3lNt, f<,fk
and exhibits filed Herewith, the De
m,rrer and answer Of the respondent
and arguments OF counsel. is OF opin- 81
ION. for reasons hereafter to be stated u.
In writing and filed with the record.
that the act OF the General Assembly n
OF Virginia. entitled IAN act concern
S ing the bureau OF Insurance. guaran t3
"a. tee. trust, Indemnity, fidelity. sec.ir-
ity and fratcrnal benefit companies, s
associations, societies and orders, tand II
imposing penalties for its violation
approved March o. 1906, Is constitu-
tIonal and valid. and that a writ OF
mandamus should Issue as prayed
II is therefore considered that
peremptory writ OF mandamus issue,
directed to the State Corporation Conn- &
mission, commanding it to administer
the proper onths and fix the form OF
and approve the proper bond received
Of the petitioner, Joseph Button. and
A allow him to qualify as Commissioners
OF Insurance OF Virginia. n n. q d
Ut is further ordered that theh SER
vice OF copy Of this order upon the Il
n said respondent. the State Corporat!on NJ
Commission. shall have the same eff
feet as service Of q peremptory writ
of mandamus
n A copy-Teste;
(signed)
Show IS the Law.