The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-31


4 SsNlith out fear iibad atter.effects. 30,
lsNrits q I. ]. 80 = s = 4
win not 50 issutrcd ~ { compel the doing
/ of IN Snd5 fru lless thing, Which clear.
Il BY vi Quail Heat lon hero would be, as tho
4 Corporatioii Commission could not W bse-
auisint1y a re9soa HID
Correct. tilsss- hpnoras Y court would DO
REQUIRED ~ perform. duties prohIbied by
the .ot,stitutlonI such duties were
certniniys 11nioss D some party interestod
eietK 81 this M directed HSUtH
|flfcution before IS court Il could not
stateinetlt Of such lproposi tIons needs no
4 This %npinetplez hus boot repeatedlyS DIP
piled by tl,e suprctl, Court Of tic
many cases sssins ihe
1 ttlOn.3a Sec z Poin1extori w. JFeenioW iii
! Y. I, pngo 20; osDorne vs. Bank ii tic
ethor f % dstingalpl' aap w any
8(Mr. Cooley, In Chapter VII, a OF Ills
work on constitutional Limitations, con-
siders the 8circumstnnces under which n
Unconstitutional, and lays down no such
! rule az that tended for BY our OPP
ponents.$ Flo docs lay down the rule
sSar {sn aSes0nb ZEE s
.8constltutiondllty5 OF IS an net by ~ u
party whose rights Il does not ailect,
and who has. therefore. no Interest, I, II
BY our opponents 50 further than this Il
we respec fully submit they nrc not
sound. a person required to do nn act
stats whie y oonylneed 4
interests Is necessarily affected BY the
statute md has an SInterest4n defeating
it.atal ~ iA open % hinr therefGore
to do the act commanded. y. s5
When the tribunal required to do tho
act is clothed with important constitn-
tIonal functions ind dutles, and as IN
to present 81 . creatsd II u Gas
a auiq the Statute is uncens,l-
tutonal, II Is not only the RICH. but
to do the act until REQUIRED BY the 8 81
prene Court Of Appeals especially when
The statute trenches upon The rights and
and iniIlcient administration OF the ID titles
committed tog.it by tho e;onfytitultiso q.
In 9Th An.;tnd Eng Iney. o. L La y. Eng liS
that ministerial officers who b, ure ;9
charged by certain STATUS :. y, WIN = q
OF the net as a defence to a procce a
ing ~ ~ mandainrs to compel hem a 70 2
perform the duty: V. u. \,
referred to number OF cases from Ne
brasktL which We have been unable 70
examine In the haste III which this note
has been y, 20 isrnn sIn
ga 9th VIZ ~, n, ~
|last cnsc We have 81 exhmln ed NJ aiiq sJit
issin point. md ~ conflict Win me posi-,
u.s. we submit. tho only posi- ton consult
cnt with sound ron aonlng, We >iso re fer
the cortto the ING 1udE 20,
and dignity with which public officers IN y
Virginia have been wont to = resIt en- IN
cronchncnts upon Chez constitutional II
tina 3 5lninisterlnlB IA requirements must be !
incuulescca In among y free peo nle. louEl
Imposed by nm unconstitutional (anu !
Therefore voidl act. /, ,, f I, ~ 4,
one ofn& the greatest importnn nee Il { IN
wolves the fixing OF the line Of demarcn..
5tlon between two great department.. or Il
ton and the laying down BY this court OF
tho prime $orl rule byswhicl their re-
spective duties and powers under the!
Consttnti!on nay 20 ~ T qnn
function and duty Of determining this II
question rests upon this honorable court: t
ana while this duty may not be sought !
1T Will be fenrlessly ana T careluilSSa dis'-
charged (, E. &58 .syg \. y 4, !
The Issue presented, SO far ms It affects
the. appointment to this particular ohce.
but, so" far5ns It affects the grea ques--
ton Of tho powers OF the General Assem-
bly, and tho Corporation: commission slln- :
cendcnt magnitude, deserving the best |
consideration and most careful exii ii,l!Ll
ton OF tho provisions ot the CONSTITUTION ~ Wy
ant ms the act inEnuestion is the first OF |
q Series OF acts&thnt may be hereafter (
passed for. under the Constitution. i an az
insurance Commissioner elected by ing |
Iegisln ture. 1t is equally, apparent that
there may be a commissioner. o. o. panks,
cornpanies. n Or mercantile corpora tong
and 50 on OF all the different classes Ia 1of
eorporatIons POSSIBLY though n,; M Ger
v tale'y c:orMporatons elected w. the Legls;;
thai the General Assembly may s! !, Gar Ihe
him to appoint his clerks In an tnsuiran,Ses|
bureau, tho same thing may equally De
aeno e. or esstaniy RSadS ste
a aivsn rs sfRsro ssf liz csi
Gemn,'sslSSn wii P royea
lion e ceommiasion acted rightly an dsclin-
as s te satSte in u
on n only command them 70 elbow me
aiallHcat!on provided re metho do q rd ms
selection is ~ aGcoraa'1re %ftm the SAN, SAN,
thnt inanaato Il the method q hs ap.
paontment Is contrary to the pr ,no,s lpns
g fls th norseroaatives nd powers Of the Cor
pro T Commission and, feeling satIa
ed that this court %ill ilty perform r. tha
1 10, conferred upon It by the Constr
1 litior, and laws OF this State. we submit
theS. Gu so 81 to fita careful and deliberate
md Indictment,
Z r'Iiespectfu, submitted.
CHRISTIAN & CHRISTIAN
t}tf ri q Tor Defendant.
Writer of Stupiditics.