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

Y )L-.Y, Y 81 l!,, !ll-sJ y $f3s
would 8be glyeil d wi dc i,ieltlt,g. as IN
SiIS1Hns S ar,le,a s's ss
! escape Of tho prisoner, slich as d crow-.
u: shili!to vs.. ]. 1hoih,bsson. ist pusen's
a 9iSs to iy,slss sss s. a1s2
tetheai sehsideratiot,s suo Whe y "a
~. Cooley says IF very ,,i,cortall Il
ha5qa styY f,er g abe rs sSss
|tttlbhs4t Tint proyldlhg for tho d. cfeailol
|sof All borrdiate bureaus, and 5s that pro-
,naVa IA ad subo S.
lIdinatcs1 will Sc construed together ana
made to% !ia ririoilize 30 as to- carry out
THE great plnn 70 4 tho creation and coi,-
Constitution, tile power being givotlS the
Stletiars bfanelles q b|isihssy provided
t9gs Dreaus weroh w5 .9 snle M
iilie.s bower being given tho Cooperation
ISslcli sBureau; and whenBul these various
afgd t tat tu sanos
he fliriy$ resisted TINT every ot'Isa n
|lproyidnd by law for tho 5adtninistr ton
tof the affairs or suul subor burea a.
|SCorporntion commissions nnd, sS$ln order n
Ito scfreutuully. secure tho co,nl1li ssion, 3
Control over him, Il was Intended that
he e o,,ld DO appointed and yub3ects q TO
I'VE! rccogt lze. Of course. the fact TINT
tho General Assbnibly the stlprei,.a,e
= Z. q the sAc, a1
sho in ssls1stlys p saSaot sSa
botli6rf pfoV lslons and Limitations co On
E4I tnincd Si,l other parts of tho Constltu.5
h ton; thp d'rln, ion. q the lfoWSir
sSrdihateaS 81 tic commission must q, b 2
Tho constitutlonnl plan that In carrying
out D tho work Of sibordlnative bureaus ai!
inppointed blythe commission Itself
Opposing counso1. clnitn that g. 4, tn Is
Frcstrictcd construction q tho consti ~,
tonal declaring that the anfo gns-
REMOVAL by tho commission tllana1 have y.
commended for be adopted q h 4! vs., 9se
81 sSt cepIea fro Me Richmond
BDisputcl, md which ore filed with the,
petition, and IRE ca lined by them ,,p
favor more limited ISL g " OF "
on ihleo toAlttlo Weght boing merely
newspaper port 81 Mr.. l3rtlxtons r ~
mnrlss.f 1. I, ,:ts! q, J. u y, 81 ai,rh
comments Ii. tho debate or lin the con n
venton sto \, no weig7 aay
how many 81 m wepe present ea and
i nnrfl Tie remarks. or how man ~
than' may have been governed bys mem n,
yiews e t se and
nThirdfy l~ bscnuse there was no e.,
$t,on - ~ wn to tho particular question {,
involved here and no attention ~, Oh any nv
part Of Mr. l3rnxton e Ell, ~ : = G,iestlon
opinion upon the par - "a
I The whole question, Ut IS ;;,,,,,,id
whethcrg3the legislature woulu X, - o.tn
not thereafter have tue create
th s Office OF insurance commissioner is 9,, sa
when, In It's wlsdon SUCH y o1' MI,
should be deemed desirable ana !, et; ha
provision Mr. Braxt1n 'ou ~ do.,eth.
e. y thni bureau to be created ana Il the
office to he crea ted.i 4, L., -, "a thc3
S We do not dispute the power OF !, wy
Legislature to crcn e q tne nu or "a ak
lprcssly gives power to create the bureau.
and declares that 1t shall be subordlna.o
to the commission, and alsQ Glt.sss p se,e,
To the Iegisla ture TO create .hs QUIZ
tng thu t the commission 5Hhnll have SUCH
other clerks. officers. assistants ana sup.
ordinG tss as maS be proyiain,d y Sw ium
55moyal \ BY the com mission In other
words. Mr.. Bruxton said what IS correct--s$
that the Constitution will leave ne Leg <.
islhture! ut liberty % create o.
insurance and to create the Office or In.
surance Commissoner---but nowhere did :
Mr.. Braxton decIHru lint the legislature
would have power 20 MI the office. IN
tho contrary, we respectfully SUBMIT tls
- ntuISv 18th "a
we do not perceive the forco Of the
suggestion OF $opposing counsel, t thaL M.
Hrnxton's view was that the Commits
sioner OF Insurance wOulf nos De Y con GOD q
tionnl officer might well be the subject
OF difference OF opinion. 1t may well
be that an officer. WHO was not re-
nuired to be ,nppoirtsd by the constltu--
ton. although permitted ITO be 50 a ap
office. would not be deemed ID constttu,
t!onal officer: but, In this case, we Will
not quarrel about the meaning of words.
What we contend for Is thai the !. Consti-
tiol, By J. 10 rgGi slature q a subordinate
fcers ns the Leg!s ture might deem
NECESSARY in the admini Z, I, Of sueii
rroyides that such officers they being
necessarily subordinate 70 tho commis-
sion and being officers OF bureau with
III the com ullSSlOU uHu SuDVTul!lstt - " .llyt
when provided or authorized by law
should be appointed and subject to re-
rnoypl by the commission itself ~ md wo
can see nothing III statement OF Mr..
Braxton1. relied on FIX. our learned oppo-
II Mr.. Braxton's statement had any
weight adverse to IS us @ We might. well
contend It was not admissible upon tho
general welght g. authority y such
SeeIfthc language of Taney.g q. I'LL
y Aldrldge VS.. Villinms&3 How, %. Ifss !
u S. Vs.. Union Pnclnc r. r. Co.,
81 IT, S., 10; &c Am, and Eng. Ency.
! Of Law, I'd Ed Title 'stntutes."' 6as
and notes. * fs8l 81 u. II 8E 81
SNVo further contend that IL admitted at
all,t ut Is without any weight adverse to
ours contention. iE5 si5S III G5l
4 Tho only remaining point which needs
to be noticed Is the one made first in the |
brief submitted by opposing counsel via
that tho "question Of the constitutlpnality |
of this act should not have been con
sldered or raised by the Corporation Com
Dnttonit qualify before them. heir duit,y,
nttlle premises being merely enthusiastically
Wa submit tllat this ,proD0Sit Ion lis UNI