The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-02-10

case to tile Supreme Court.
When this was donc the plaintirf on
his part assigned as error tile action or
the trial Judge IN forcing hin to me-
cept half of what the jury had awarded
The Court of Appeals held that s!ncu
the plaintiff had accepted tile decision
of the Judge, although under protest.
IT could not review this point. This rul.
ing effcctunlly prevented the plaintiff IN
this Or amy other case from appealing
straight TO the Supreme Court3If he wns
not willing to submit to the figure set
by the Judge lie would have to 20
through new trial and then appeal, in
which case the higher tribunal would
be In position to review the first case.
The object Of the STROBE bill was to
make "sf1ort cut and TO allow the
plaintiff. while accounting under protest
the terms of the Judge to carry the mat
ter straight into the Court or Appeals
without the expense ana delays incident
to new trial. Tho bill in other words
allowed tho Supreme Court to review tho
action Of tho Judge on an appcai from
the plaintiff. The fight against tho bill
was led by tudae phleunr.s Of Montgom-
cry. who proposed an amendment TINT
while permitting tho higher court sto re-
view although the plaintiff hnd ncccptea
under protest. made this nossll1c ONLY IN
case Of appeais by The defendant Tits
removed The right Of direct apneal from,
the plaintiff entirely except after lie had
gone through the second trial.
Closely Fought Battle.
The battle was long and closely
fought: Judge Phlegar opposing the meas.
urc and Mr. STROBE. Mr.. Fulton, Mr..
Afachen, Mr.. Patteson and others endors-
ing It.
Mr. Machen declared that the judges
had gotten the idea that juries wSre
prejudiced against corporations. and that
they always have a depressing influence
over verdlcts. Not single case was
known. he said. In which the Judges had
ever added u cent but they very fire.
qucntly cut down the amounts allowed
by juries. Captain Patteson was particu-
larly severe In his denunciation of the
law, which he declared 70 be "bunglesomc,
unscientific. immoral and unjust" i. was.
he said. 81 question OF protecting tho
people against the corporatIons-the one
gallus man against the man with the
beaver hat--a question of not allowing n
Judge favoring corporation to be able
10 force poor individual TO an almost
unbearable expense before he could get
justice done.
About $50 o'clock the Sonata adjourned
with Judge Mann. Of Nottoway. on the
floor. The discussion will he resumed
to-day. Judge Mann is chairman of the
Committee for Courts of Justice. which
reported the Strobe bill favorabiy.
Bills Introduced.
BY Senator Keezei: To amend and re-
enact section ssl1 of the Code. re-
latlng TO the sale nf unwholesome and
diseased meat and food.
section $50 OF the Code. relating to
deeds or exempt property.
By Senator Noel: To repeal an act APP
proved February II. 1895. entitled AN
act providing FOR working the public
roads in Lee and Scott counties"
BY Senator Sale: To amend and re-cnact
section IL of an act entitled IAN
act TO provide for the extension OF
the corporate slmits OF cities and
towns. approved March 10. 1891. 90 as
to allow district and county officers
to remove to any other part of such
city, or town without yacatIng their
Offices"
By Senator Fulton: To amend and re-
enact an act for the opening. alter
ing, changing and working public
roads in the county OF Warren, APP
proved February Is. 1856.
BY Senator Sims Thy requesD: To amend
aud re-cnact an act to authorize the
Councils of towns, villages or the
boards of supervisors OF any county
not having adequate police protection
TO prohibit the transportation by rail-
road companies of excursions or pic
mic parties to such towns, villages
or other points under certain 'circur-
stances
BY same: To allow supervisors com
pensation for extra services hereto
fore rendered In the supervision OF the
working of public roads.
BY same: To authorize the City Council
of Fredericksburg, Va, to issue its
coupon or registered bonds for the
purpose of redeeming its per cent.
Indebtedness
BY Senator Strobe: To regulate and re-
au!re connections between tcepho ana
telegraph companies and the delivery
of messages by telephone or telegraph
companies subject to the orders OF
the State Corporation Commission
By Senator Patteson: Resolution request
ing the Committee for Courts ~ Jus.
tice TO consider the propriety OF
drafting and reporting bill clearly
defining the summary process of con-
tempt.
BY Senator Hartman: To amend and re-
enact section 1853 of the Code of yir-
snia as amended and re-enacted by an
act approved March l5, 1901, entitled
an act to amend and re-enact sec
ton 153 of the Code of Virginia in re-
lation to State repositories. - 4
HOUSE PROCEEDINGS.