The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-02
The Corporation Commission r1isvil and
CnIonelAButton

Colonel Button.
without any attempt 10 pass upon N
merits fof tic technical question 5tnvolvNeo,'
there can be little doubt In the minds niin1's q
fair-minded men TINT the Corporation
Commission acted prudently and wisely
in declining to allow Colonel Joseph 4B ~
as Ton to qualify rs state Insurance Conl'11NAs-
Z siiconcr. The appointment under Whnlcl.
Colonel Button presented himself 1ssu sue
from, the state 1. legislature. In the opltnr
q ion Of so,ne excellent authority there is
stronr ground for believing that TINS
annolntment is unconstitut ional and sthat
he right to fill this office rests solely
wifi, tile Corporation Commission. Ine
s section Of the Constitution creating the
bureau OF insurance stipulates that ",
ana other similar bureaus, shall be SUD
553cct to the supervision and control or the ne
SSsfCorporation) Commission" and contains
nothing more specific regarding the man
5nner OF making appointments to the ollices
SEGREGATED The right of the Legislature
III control such appointments is thus at
%ggS11cceaust&n matter OF reasonable doubt. and
s#sfiit is unquestionably proper 70 get eh ne
$$ssSSpoint settled now. once for al.
s8SS In the rejection Of Colonel Button 1t
4hes hands of the Corporation Commission
there Is, It gems needless to say, nothlng3
personal, unfriendly5 or unpleasant IN any my
33sy yava . The action was simplyBthc commits
SsIon's method. and, in The Tlmes-Dls-S
paaltcl,'s opinion, an eminently seh ns0t
nnHd AIR asprirroper method. Of finally dispoatng Of
q legal question, which, sooner Or later
must Inevitably have been raised, ~ is
Mar better to ave the question ad i1l
N c.nted now than later. All the acts OF m
oifriccer NEUTRALITY-SUSPICIOUS. would. when
suchgirregularity of appointment was d's-
covered, have TO stand as invalid, and, 70
e sxsapures it asSnildly ns5 possible. IT would t
besssocmewhat awkward to have this In
yyatIdity estaplished after some months
$Socffln.the officers service. The courts. or
8Scourse, may or may not support he Cor
#poratlon SCommissfon's contention that3thea
Legislature is without right to fill the
new insurance office. That is matter
which the courts are peculiarly fitted to
determine. But It is also. In any case, and
1nn8Colonel Buttons interests, no less than
those Of anybody else, peculiarly q matter
Which should be adjudicated in advance.
There has boon evident. let it be said
ngain, no intention anywhere to deprive
Colonel Button OF his rights. On the
contrary, It is merely insisted that his
rights, and those OF the Legislature and
k5hs.s n.y.. NtsE2ng 90 4, ,.~t !. /. ~ IL no S1aHYad
H mast any doubt. Colonel Buttons sug-
restion that the commission could have
adjusted the matter simply by accepting
him., thus virtually, making him their
Town appointee,' is,.net unreasonable, but
3t such q step would have afforded a solu.
5$ ton 81 in this instance only. The same ques-
{tion would have been raised on the occa-
rlon OF the next appointment to the office;
or we should fall back on the precedent
Jthat the appointment was OF the Legis-
lature, subject to confirmation by the COM
H missston-a procedure which was certainly
mot Anticipated by tho constitutional pro-
M Vision.
Colonel button is quoted as saying that
he has not yet decided how he will pro-
coed, and that he does not know that
he will make any fight in the matter"
VA simple action at law, with a view to
ASCERTAIN his rights, need not be regarded.
it would seem, in the light Of q fight"
The Corporation Commissioners. indeed.
have invited such action. In their letter
ITO Colonel Button they call attention to
lthe section OF the Constitution under
which application may be made to the.
,eupreme Court OF Appeals for q man
tdamus compelling them to allow him to
,uuualify and enter upon the duties OF the
office. "Thus,"' runs the letter. the
question can be presented to our highest
tribunal without delay" It is to be
hoped that Colonel Button Will act upon
ahis suggestion and at once avail himself
Of the assistance of the courts. An
early settlement OF the point at issue Is
obviously IN the interests Of all com
is# rerned.
E9&$H9I gSeF5 FF#4 4ll'
"The Bends"
\ number of Workmen engaged In the