The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-07-09

I
fair adverse criticism OF the court itself and
Inc Jaw which Is its guide, for then he people
are LED to believe. wrongfully. that the very
foundations Of their government unsafe,
publlc opinion is led to doubt the dignity OF the
most fundamental of their institutions "A
blow {s struck, not at the men who are the
Judges, but at the integrity of that branch oi
our government which has the duty. Of admins
tering the law. This is blow which the law
cannot punish, criticism which the court
cannot stoop to answer. and against which 1t
Is unarmed.
The gentleman from South Boston under
taxes TO answer three questions; viz; should
courts decide cases according to law? Should
the Judges in deciding cases give their con-
scientfous opinion? Should the legislature sup
port the constitution of Virginia? All these
questions he proceeds T. answer in the Mega
/ tive,
Let us the case which he cites. Carter
Vs keeton ct ais, II s. L. 554, 112 VA.
bears out his statement that this case a
great miscarriage OF justice, that 1t de-
cided on a techncality. and that the decision
was very unjust. Let also how this
supports his thesis that the court did not follow
the magistrates guide (Which he recommends
their use), which states that they should
/ follow the statute where there Is one. and
where there is no statute to follow their best
judgment and render substantial justice be-
tween all parties 1t is very evident that the
gentleman took only casual glance. if in
deco any at all. at the record in this case.
It Ia shown that w. d. Carter was a tenant
from year to year of Mrs. Mole A. Carter.
w, y. Carter, without any authority from the
owre r of the property made a contract with
kocton et ais. to make certain repairs and
improvements on this property. The contrac~
tors hargained with w. D. Carter alone In his
individual capacity. He caused the repairs and
in rovements to be made, to him alone they
looked for their pay. The contractors never In
formed Mrs Moliie A Carter, whom they knew
to be the owner of the property. OF what they
were doing. that they would look to her
or to her property for their pay. When the
work was completed, the contractors sought to
enforce mechanics lien on Mrs. Carriers prop
efty, they introduced evidence to prove that
". D. Carter was her agent, that she authorized
the improvements, or that she had any COM
munications directly indirectly with them
Neither did they attempt to deny her state
ment that she had no knowledge of the trans
action until she summoned into court
Sec. 2475 of the code provides that where the
claim Is for repairs, lien shall attach 10 the
property unless the repairs were ordered by
the owner his agent. Sec 24s3 provides that
IL the person who shall cause the improvements
to be made shall own less than fee simple in
the land, only his interest shall be liable there
Tor The Supreme court held, following the
statute that lien could attach TO the estate
of Mrs Mollie A. Carter, but remanded the
cause with directions to render a personal de-
cree against w. y Carter in favor of the CON
tractors for the amount ascertained to be due
them for their repairs and improvements lhus
the court followed the statute where there was
one and where there WAS statute, X rem
dered substantial justice between all the par
ties as W. u. Carter the only person to
/ whom the contractors haa ever iooseo Aoi
their payment
| However. If the gentleman from South Boston
| should recall all the Judges who rendered this
very unjust wicked technical, Ubiquitous" yea
everything save "barbarous' decision is he
quite sure he could select court so thoroughly
yersed in South Bostonese justice that they
would always decide cases not only In strict
accordance with his Idea, but also agreea6ly
1 to the majority of voters IN Virginia? For many
there be- no doubt IN this State who have not
led such South Boston meat that they nave
become so great that they bestride this narrow
world like this COLOSSUS with thoughts sublime
/ that pierce the night like stars. while mere
LII 1nr n TN nd
bigness of his legs
The gentleman would have believe fur
ther that. under penalty of tho recall courts
should not decide cases by majorities, Hence
either the minority must forsake Its conscience
and agree with the majority. or vice versa
Nay the gentleman goes further and declares,
stating reason therefor, that when the mar
gin Is small the decision Is too unfair to be
tolerated. Hence in close cases the minority
should rule. If minority of the court should
rule why should no minority OF the voters
elect initiate and recall ut their pleasure, 50
that chaos might reign supreme?
| With regard to the constitution Of Virginia,
the sandy foundations upon which the mem
bers Of the general assembly stood The tom
mic rot pure and simple behind which il was
! "nauseafing' to see them. aid it ever occur TO
the gentleman that every officer in this State
in qualifying for his office. makes solemn oath
TO support this poor old constitution. these
sandy foundations" this tomme rot. pure and
simple" Does he know that this constitution.
poor rioh. filthy rag finest silk, waste
paper or sublimest parchment sandy founda-
ftommie rot. pure and simple tommie rot
stagnated and wise az the serpent, has been
adopted by the people Of Virginia their con-
stituton, be their fundamental law contain
ing the principles upon which their government
Ia founded, regulating the division of their SOW
ereign powers, directing to what persons each
! of these powers it to be contided and the man
ner in which 1t Is to re exercised Does ne
/ believe that members Of the legislative branch
have the right to the conscientious exercise OF
the powers given them and in the manner direct
ed by this, constitution +~~
In conclusion the gentleman should recall"
that he is member OF organized society, gov
erned by law, not by pity prejudice, mas
sion, And he, should. before undertaking to
overturn the fundamental principles OF the
listing government make himself thoroughly &C
quainted with the actual conditions which he
seeks TO improve before he begins destroying
that which he does understand. Should he be
unable to do this, let hope that he may some
day forget his nausea in some land far distant
! from the haunts OF men where Sandy Foun-
dations'' may restrict his actions. "Tommie
rot pure and simple be laid down the supreme
| law Of the land. But where he may soul
citizen and inhabitant, be prophet, priest and
king and rule in anarchy or monarchy at will
and lsgisiate. execute judge, and enforce such
laws as he may deem proper and elect, enable
/ and recall himself his pleasure.
! f. WARREN WALL,
| Farmville. Va. June -. 1912