The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-11-18
compensation. Thereupon the Circuit

compensation. Thereupon the Circuit
Court dismissed the petition.
Judge James Keith, President OF
the Supreme Court says in his opinion
that the lower court was right on the
letter of the law. AS to the point thai
these men were trying to serve two
masters. and that If a question came
up between the railway and the city
the interests of the latter might suffer
he says that while this might be q
good argument for a change in the
law it was not good one addressed tc
a court, whose business 1t is to con
strue and not to make laws.
The Legislature. he points out, has
not seen fit to make qualifications and
impose disabilities in this matter sc
as to meet the views of the Common
wealth. The case is therefore dis
missed as to all the defendants except
Gleason, it appearing that their terms
have expired since the litigation be-
gan, and as TO Gleason the opinion
of the lower court Is affirmed
Cannot Recover.
An echo of the famous Harper deal
ings in the mineral fields OF Virginia
is found in the case of Mrs. Nettie
Cohen against the Big Stone Gap Iron
| Company. The decision Of the lower
court is affirmed in an opinion by
Judge John a. Buchanan.
Mrs. Cohen entered suit to set aside
as fraudulent and without authority q
conveyance of the property OF the
Big Stone Gap Iron Company to the
Union Steel and Iron Company. In 1901,
1t appears, she loaned TO the steel COM
pany the sum of $4,000 for sixty-n4ue
days, taking as security 1896 shares of
the stock of the iron company. Two
wears later. all the property of the
iron company was sold to the steel CON
Germ. which in 1907 became bankrupt
still owing Mrs. Cohen $4,000 of the
debt. Only small portion of the in
debtedness will ever be paid. and Mrs
Cohen claimed that the conveyance
was fraudulent to prevent her collec-
ton of the uebt and to withdraw the
security, which, she says, was there
tofore ample. Edward l.. Harper was
president of the steel company.
Judge Buchanan takes the broad
ground that where the interests of
two innocent parties are at stake that
party must suffer who by his own acts
brought, or helped to bring, about his
loss. II relief were granted to Mrs.
Cohen the creditors of the steel com
pany would suffer.
She could. at the expiration of the
si%ty-nine days have put up the stock
held as collateral for sale without de.
mand, and have bought ii in herself
owning control and preventing the
subsequent sale, Instead, she waited
from 1901 to 1907 The action of the
Circuit Court of Wise county in dis.
her bill is therefore affirmed.
Richmond Tax Cnse.
Holding that a widow cannot hold q
greater right in property than he,
husband could have held against Z
claim for debt against which homestead
exemption is not authorized, Judge
Richard Fl. Cardwell voiced the opinion
of the court in deciding in favor OF
the city of Richmond in a tax case II
when the heirs of James Murphy were
plaintiffs in error. Taxes are involved
in the suit, which were assessed against
James Murphy on property which he
owned on Nineteenth Street in this
city, between Broad and Marshall
Murphy, it appears, recorded home.
stead deed in 1878 and died in 1854
His widow lived until 1901. The taxes
on the property continued to be as.
sessad against James Murphy The