The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-31
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ItAThe court Is familiar with tho univer-
sally-adopted rule that the acts q the
| Legislature Will not DO declared ii1vAlid
except II, plnin and clear eases; tntst I'll
"plefnnry power In the Leg lslnturo for
all purposes 81 civil y. IS Inc
rule proltlbi,on to exercise - p,rtiic-
Ding, therefore,, whether q given statutc
rs constituuonnl,. It IS for d those who
question ts validity TO- SHOW i, that 10 q y
sscs Gaost aftef payins
1.-THE question is involved in ,linlculty md
lidoubt,"'5 uses this language :4s'' IL
could rest my opinion In favor n OF r. the
Hue question rises on mo other ground
than this doubt, 30 felt and ncknoWl-.
edged. that aTone would. in my est ma
ton, be E a " satisfactory Svindlcn tion Of
lt5'-.O den vs., Saunders. II Wheat Ks 2l3
universal Iu rule, s hs sui said Upon the most
familiar PRINCIPLES, ii repeat edly declared
ao unad he spP5ess Genss
Courts or nj tho States. and by none
more" temphnt icnlly than ~ this court
every, statute Is presumed to be constis,
courts to be otherwise, 5unoss}it be nude
IRON Cos vs.. McClelland 90 Va..G 424. n ;SS
And again ~, declare, set
such act clearly ana plainly violates ne
| constitution, and In such mnnner us to-
leave no doubt or hesitation. on Sl our
minds. COMMONWEALTH VS. a M GORE md
Goodsons,a25 Vn., 053. N "A "; sf5
We do mot know TINT It d Il necessary
for US to invoke tho pro tection of this
rule ins the case I, at bar. but we are en-
titled di, e. 4 4 !. # is needed. I, u
supposed to be violat I'd bythis I act lis IS as i,
,.Srl;ie: commission: shall annually
clectsonceo Of their members acharman
clery o GilcSFs aa
ordinntes as may be provided ny law, IN
MI Of whom, sl'all,be appointed, Eand 81.
sion It shall preserlbe t.' own sgi rules
OF order and procedure, except so far
|55s5ns the Same rc4spccined In this Cons
~ stitution, or any amendment thereof
within thc. department, and 3subjectto
IL tie supervision nnd control OF the rs
commission subordinate div sions or $
3l,preAu q, Insurance. banking, or
otlleEs clah branches u OF tho bust z:
5$fnesstpo d haty dcnartnent's4 &;
:The latter,pa,y Of this section which
inserted in9 Tie Tia eonstis
1 tuition by an amendment offered by Mr.
4 sIsraxton, tho chairman Of Il the commit
Tee having this matter In charge who
4 explained tile necessity for Its Insertion
ORION the onlciol report 81 tie pro- pro.
Geedings Of & the &c Constitutional Convention,
MI. BraXton:%sl move to amend by III
inserting a ftor the amendment Just
fterM5 tho word thereof
"AsI the business 81 tho state Cor
poratt ion Commission ina j,lstfygfit
4 to time; ablfsli,, IN that 1departlnent,
subordinate bureaus h ofsGj lis urdnce, Fl
beankln,; ~ other special sss,braIchoss
It's es'nssS 81 the GsaF
| bly,, MAY be desired and sexpetlent 8
Mis- Mast chda al,nn has been the
/ fire and life for nsnumber7of years 4
past, that there should DO an In
surance Commission In this state. | un-.
| n un insurance Commission t Is not j.
| merely for tho benefit or the public 81
At large to keep watch on these In
I protect the general public ngunst
insolvent speculative and unreliable 8
fous ona hougns
1 not, an officer of sufficient Importance
aud stability to mako 1t wlso to make
him a constitutional oillcer but thoy
| did think It should be put beyond
| X perndventure tint the Legislature was
lo.5rctain tho power Of establishing 81
4such un Insurance Commissioner ut ~
any time hereafter, when In the Wis
| dom of the Legislnture such nm Of Z y
hcer.should be deemed desirable. For
the present, 1t is believed that this Al
! Corporation Commission itself can act II
as the Insurance Commissioner and III
| Twill be probably all the insurance 5l
Commissioner we will needs' but as
the business OF the State Increases.
| from time to time It may be found MI
desirable to subdivde the work OF
| the commission into subordinate bu- ts
| j%reaus. under the general supervision 81
and control OF the commission. NVhcth-
or such IL condition OF affairs Will $l
! eyer come Or not Is a question; but Il
1 tile purpose of this amendment Is to
enable the Lcglslaturcl to deal witll5its
with Il free hand. should the occasion
! AZ eyer3arise.L, y will state that several s
! members ofiy0uri COMMITTEES hnve con- &
fcrped mt length. with the gentlemen
representing the Insurance interests OF N
/. this state, and this provision meets
Witli their full approval. III the {Opin-
ion of your commit tee 1t Is Il very