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The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16

The United States Circuit Court of
Appeals reconvened yesterday morn
Ing at 1880 O'Clock with Circuit
Judges Goff and Pritchard and Dis
srtct Judges Dayton and Rose In at
tendance.
Larry /. Moore. of New Bern, y.
c.. and Thomas y. Warren, OF New
Fern. n. C.. were admitted to practice
IN this court.
The following case was argued:
No. 1865, Enrs- Harris, 4. Car pa ny,
plaintiffs In srwer. wx. e. w SEA stisfnn,
defendant in error: In error to the
Circuit Court at New Bern \. C.
O. use argued by Larry |. Moore. of
New Bern. n. c.. for the plaintiffs in
error. and Thomas u. Warren, OF
New Bern, n. c., and Charles Il.
Aycock. OF Raleigh ". g., for the
del srdant In error, and submitted
Court adjourned until this morning
ut i6.2e O'Clock.
Case in call today:
No. 1867 A b. Howe MACHINE
Corr paiy3 appellant. VS.. C0ifieid
Altcr Washer Company appellee;
S44,eai from the Circuit Court at
wheeling. w. Va. To be argued by
IA. T.. Dunlap and John j. Coniff. of
Wheeling. w. Va, for the appellant,
ana by Richard J McCarty, OF Day
ton. O.. for the appellee
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
HOUSE PROCEEDINGS

When the House convened yester-
day it's calendar had assumed the
proportions of book containing
sixty-six pages. This morning II will
have grown to seventy pages.
The morning hour was consumed
in rountine work. AZ 1880 o'clock,
NJ. Love. of Lunenpura. moved the
House to adopt his joint resolution
providing for submitting to the peo-
pie Of the State the adoption of an
amendment to the Constitution. TAX
ing from the State Board OF Educa-
ton the power to name division SUI
perintendents OF schools. and giving
the General Assembly the right TO fix
by statute the manner OF their selec-
tons.
Mr.. Love made a strong seech In
support of the amendment. Mr.. Byrd
having vacated the chair followed
with Va strong endorsement of the
resolution, paying at the same time
high tribute to the achievements and
public service of the present superin-
tendent Of public instruction.
Many Speak in Favor.
Messrs. Page. of Albemarle; Fitz-
hugh. Of Northampton; Wise, of
Doudoun: White. OF Rockbridge; Ear
man, OF Rockingham; Evans. Of Car
in favor of the amendment. Mr.
Gillian. of Petersburg. declared that
there might be objection TO the plan
as it was generally understood that
IL means the election of division su-
perintendents by popular vote. This
would mean "A change in the political
complexion of the superintendent in
certain counties.
Mr.. Oliver replied that In counties
where there were a majority OF Re-
publcans and the e~uo:icans paid
the taxes they had a right to repre-
sentation Just as Democratic coun-
ties had the right to control the SIT
uation at home.
BY a vote of 76 to the House an.
proved the amendment.
MIR. Williams. Of Giles. introduced
resolution directing the employment
of a commission OF three prominent
attorneys. Messrs. Mccormick. Hig-
ginbotham. and Stuart, to Investigate
the beclouded real estate situation In
BUCHANAN and report to the next Gem
erai Assembly. the object OF the reso-
luton being to clear tn the terribie
complication, In, land titles In thai
county on account OF the fact that
there are rival claimants for large
part OF the acreage OF the county. all
OF them having titles Of record. caus-
ing the same nrnperty to be taxed
to different individuals.
Mr. Lunsford declared that 1t was
merely question OF who owned the
land. and that the State should not
be REQUIRED to employ counsel to go
into the counties to clear up land
titles. He declared that the matter
had been Thoroughly threahed mt by
the COMMITTEES on Courts Of Justice.
which had exonerated the commits
Ejoners Of the revenue of the county
from snv wrong doing.
A Third Claim Recorded.
Mr.. White, Of Rockhridge. entirely
q greed with Mr.. Lunsford. declaring
that II was a question of conflicting
claims ~ different grantees. ana Il
was absolutely useless for the State
to appoint a committee of lawyers
- atta'"~t N remedy the situation
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
CALL ON WATKINS
TO GIVE SUPPORT
TO ENABLING ACT

AZ . 0uarteeIy Cenferrnee ct
the West Chesfer0eid Ctrcuit the
following members we're Hrescsai
DR.. =. u. Fisher. A. e. JsneuAs
~. r. Taylor, }. u. Wiiii.ms,
g. q. Goa. r~Pses~ssing NJ. Pts-
gnh. hopeful, Providence and
Mos Air n. z. churches.
The following reselutiOns were
unaalAeusly adopteas
Whereas, We are greatly later
ested In The ,passaGe Of the
Gambling Act", and. whereas,
We vote for Nos. ,. D. Wat
klns In the last election az ON
personal grOunds. and (2b he
cause We believed be would sop
port the ~Eaahitng Act"j our
opthions were hased upon the
following stateaseas Of Mr.. Wat
kfns' reply to J. n. Ro"land's
at has always been my policy
To represent the Will Of the ma
jority Of the Democratic voters
of my district, aud their wishes
In this matter referred 10 by you
viii. OF couSs~, have my support
Therefore, he II resolved. Tint
support of the above measure by
Mr.. Watkins. aimee we believe
thst a large majority OF the
voters In his dictrict greatly de-
sire the "Enabitng Act" rs
right belonging to the people OF
the district and state.
A. r.. JAFFEUX, Secretary;
J. X. J0LLIFF. Presiding Elder.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
HOUSE HARMONIOUS
ON ONE SUBJECT
LITTLE DIVERSITY OF OPINION As
TO AMENDMENT TO
CONSTITUTION
TALK IS ALL ONE WAY
WOULD HAVE GENERAL ASSEMBLY
PROVIDE. WAY FOR ELEC-
TING sUPERiNTENDESTs
OF SCHOOLS.
TALK IS ALL ONE WA

Tho House Of Delegates on yester-
day found subject on which its
members could speak with little d.
versity Of opinion.
il Was the one Of amending the
constitution OF the State 50 that he
State Board Of Education would no
longer have the power Of eiectirg the
superintendents of schools, the power
Ia he placed by the amendment In
the hands of the General Assembly
Ia flx ~ statute the method Yer
their election.
IT seemed 10 be the general idea.
however. that when such was done
the Assembly would vote to have
those officers elected by the people.
Mr. Love, who introduced the reso-
luton proposing the anne ndment TO
the constitution several days ago, de-
Clared that he wanted TO see the man
agsment of the schools brought closer
20 the people,
Praises Superintendent
Speaker Byrd followed MIR. Love.
He regarded the resolution as mat
ter Of tho first importance. The pres
ent superintendent OF public instruc-
ton, said Mr. Byrd, has done SPLEEN
did service In the cause of the pub
&c schools. The system was dea d
when he came into power and he
breathed into IL the breath OF life.
The faults which have developed have
not been those OF the superintendent
but Of the system. The constitution
gave the State board powers II ought
not TO have had and which they can
not properly carry out
The superiutendents and trustees
are responsible virtually to no one
bpt themselves. IT is absolutely i'm
nossihls for the State board here in
Richmond TO know the lit men
whom they appoint Mr.. Byrd de-
clared that practically the division
superintendents were responsible only
to the boards OF trustees. largely APP
pointed by themselves He thought
that II was an ahsurdity that a pub
lie o'flcial should have his salary FIX
ed by neople appointed hy himself.
- AS MAS tina CASE l4tt- The division st,-
uerintendent. Under such a system.
IL was natural for such an official an
ally 10 do what he wished to do
rather than what the people wanted
Make Him Responsible.
Make that man RESPONSIBLE 70 the
neople whom he serves" declared the
Sneaker. He compl'mented the bill
offered by the member from Han
/ over. Mr.. Walton, making trustees
elective by the people.
He closed w reneating his com
plimented to Mr.. Eggleston. whom
he said was the most valuable public
servant la. the State, and declarina
that every criticism was properly 81.
rected against tho public school sys'
TEN.
After n number OF other membe
had spoken on the subject the reso.
luton was adobted by a vote of ID
to Z Under the law II must go over
and be again adopted by the next
General Assembly. and will then bs
submitted to vote Of the people al
the general election thereafter.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
INSURANCE BILL
IS INTRODUCED
OBJECT Is TO MAKE SOME REGU.
LArIoss FOR CONDUCT or
COMPANIES.
TO PREVENT COMBINE
GIVES CITIES WAY TO GET RE-
HEARING AND PROVIDES ron
AN APPEAL ron com.
PANIEs.
TO PREVENT COMBINE

The bill directed against combina-
tons among insurance companies to
fix rates. introduced some time back
In the Senate by Senator Smith. was
on yesterday introduced In the House
by Mr.. Miistead. OF Newport News.
Cured
1t will be recalled that in the spring
OF 1910 in looking for more revenue
and recalling that during the prev
ioua year the insurance companies
had Melted something over q hundred
thousand dollars from their Newport
News business the City Council OF
Newport News imposed q license tax
OF Ave per cent. upon the gross
premium collections OF the various fire
insurance companies doing business in
the city.
The companies Immediately ad-
vanced insurance rates ten per cent.
to cover the increased license and to
give them profit for having to worry
begun by Captain c. c. Berkeley.
Commonwealth's attorney OF the city.
to defend his people from the ad-
vanced rates. based upon the common
law against combin was recently
closed In the Court Of Appeals with
an adverse decision. which declared
that there was no law TO reach such
a combination AS was alleged to exist.
The bill, which is now before the
Senate Committee on Insurance and
Banking and wan yesterday intro
duced In the House. IL designed to
remedy the existing lack OF law and
is far-reaching in its effect.
Provisions Of Gill.
1t provides that q city council may
apply for rerating Of its entire city.
such rsTatiMs to DC ma d. BY n 6oafa
composed OF a member named by the
Council, member designated by tho
commissioner OF insurance and q mein-
Der designated by the insurance COM
panies In interest These rates. when
agreed upon. are printed and become
the rates for term OF years being
corrected A. frequently In individual
cases as buildings, changes In fire
risk, and changes In nature Of occu-
paney cause a change OF rate In In
dividual risk. These changes, which
Office Of the Southeastern Tariff As.
sociation under the terms Of the bill
will be made by the State department
Of insurance.
In case the rates fxed by the insur-
ance board above referred to aggrieve
insurer or insured they will have tho
right OF appeal 70 the State Corpora
ton Commission. The insurance COM
panies are not prohibited from com
bining for all Of the work they do
that has to do with the Improvement
OF risks. and the general reduction Of
fire hazard. However, all right to con-
troll rates absolutely as they now do
Is taken away from them. The in
surance agencies are strenuously OPP
posing the measure and. should they
fail to defeat the bill In the Assem-
bly,. they will fight II on constitutional
grounds.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16

Z IN sHof several hours The freight
fraflc viii not be. resumed until to-
morrow. All the injured will be cared
Tor At the Huntington hospital until
they can he moved. II Is estimated
that the wreck will cost the railroad
company $ise.1oo,
Casualty List.
The dead:
Harry A. Mann, New York.
Mrs. J. r. Travennor. Cordova, III.
Mrs. 81 .. Hail. New York.
injured:
Mrs. J. r. Liebfried. Bethlehem.
Pa, bruised: r. r. Stevens. Parsons,
Kan. bruises; Mrs. T.. r, steve7s,
Parsons. Kan. bruises; Mrs. Helen
penfoid. New York, hurt about the
back and shoulder; J. III. Trimb!e,
Cleveland, O.. knee sprained' .. II.
TresseIt. Columbus o, shaken up;
Mrs. O. II. Trcsselt. Columbus, O..
shaken up. Mr.. II. s Bak'te, shaken
VI. s. johnson. Dover. Col. shaken
I'D and bruised W. f. Balm, Polo, Ill,
shaken UP and back hurt; Walter G.
Murray, New York. scSIdcS; Or. Eo-
ward Leonard. Jr. New ork, shaken
uv and arm broken 9atr Stewart
New York. scBided face, body and
arms. John UpCegran. PittShurg Pa,
shaken I'D and bruised, Frank Gard
ner. New J ork. scalded; Is. Bradley,
Railway. n. J., hurt about the Shout
der and chest Fred j, Hewitt, CHI
caEo. hurt back head ana leg ]. y.
Jones, Washington. h. G.. scatded
face and body. George Alexander,
Jersey CRY. scalded face and body,
George r.. Lee, Jersey City. cuts and
bruises. head and body. Mrs VI. Il,
Mckee. Juiata. Pa, back hur'; Flea
cora Monroe. juuiata, Pa, nervous
shock; r Il. Jucksou. Jersey fIt%r
hurt about head and body; T. a
Raymond. New York. left leg bruised
George /. Dean. Philadelphia, back
injured; ksnnot Litrocker. New York,
min and elbow bruised, {. Hale. 81,
Louis. No. bruises ON body IL. r.
Mitchell. New York. bruises c. W.
Sherwiu, Jersey city. back and hiF
injured Henry Christian New York,
seslded; Alexander Servant. New
York. hurt about head. j. l. Wee KS.
Northurn heriard. Pa. hart about
head and chest Or. ] L. Yates. Mi
7wsuEee. Wis, head cut; Mrs. J l..
Yates, Milwaukee. Wis, hurt about
head and body; A u. RoseTt, In
dis ne polls. Ind. hand intured. Steven
Hutchinson. New York. cuts on head
and body; George A. Gates, president
Fisk University. Nashville, Tenn,
bruises; Catherine J Roion, Chi
cago. H.. cuts on head; c. 3. Sears
Philadelphia, shaken up. r. = Smith.
St Louis. Mo, shaker up; Mrs. r
=. Smith. St Louis Mo. hurt about
head. Mrs Clara Webb, Decatur. III.
hurt about head; DR.. Nelson y. Black,
Milwaukee, Wis. not serious: II. J..
Wood New York. dining conductor.
head crushed, A. c. Gardner, porter
on car Bryn Mawr cut about head
and left hin and leg bruised. A i
Mann. porter on car Pottstown. cut
~. knee and shoulder sprained, s. A
Shinwal. Pullman porter. injured
about hip ard several cuts; Martin
ftossin. waiter OF diner. cut about
lead and injured about side; John
Register. waiter on diner, cut about
head and hand, r. II. Wood. ST. Louis
Mo-, sprained wrist. II. clopton
Pullman porter car VT JOY, shoulder
sprained c. r. Middaugh. Harris.
burg. Pa. slightly injured about
head.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16

He. said that no understood that q
! third patent had just been recorded
COVERING nearly all OF the Ninth DIS.
trict, over two millions OF acres.
known ~ the Maybrick grant, cover
ing all the existing grants.
Mr.. Bell. chairman Of the Courts
OF Justice Committee. said that the
Giles, which 10 similar In purport,
though different In form. from
measure introduced by him early In
the session. had been postponed In
definitely by the committee, ana ne
felt called on to protest against the
adoption OF any such resolution.
At this point in the discussion the
chair ruled that the measure neces-
sarily contemplated a contract be-
tween the State and the gentlemen
proposed to be appointed; IT would
be necessary for 1t to come up in
the form Of a bill, as 1t would mean
the expenditure of money.
Mr.. williams had. in introducing
the resolution. stated that his reso-
luton should carry no appropriation.
and that the people of Buchanan
county would pay the expenses OF, the
investigation coming before the As
sembly at its next meeting and ask
ing then to be reimbursed.
The House consented to the reso-
luton when Mr.. Williams consented
to an amendment providing that I'M
der no circumstances should the State
be held liable for the cost OF the In
yestigation.
Mr.. Chaikley, OF Wise. stated that
a bill had just been reported that
would SO change the rules OF evidence
that II would mean the deciding of Il
case involving 10000 acres OF Buch-
anan county in favor Of the holder of
the patent as against 500 citizens of
the county.
The Senate resolution to appoint &
joint committee to investigate tn"
purchase of the Ford Hotel property
by the State for the purpose Of erect
ing an Office building for the needs
OF the State was adopted.
Ir'tIafirc and Referendum Reatcn.
The Joint resolution proposing an
amendment to the Constitution TO
place in that document provisions for
the initiative and referendum was
then moved by Mr.. Martin, Of Camp
ball. who spoke at length upon the
matter.
The proposal was defeated by a
recorded vcte OF SIS TO Is.
Mr.. Cox moved to reconsider. Sew
eral members were Of the opinion
that many had voted under a misap-
pr%hension. but the motion to recon
sfder was duly voted down. Messrs
Oliver and Cox holding that the sup
1 porters OF the ena bling act in order
to be consistent must necessarily sup
port the initiative and referendum.
At o'clock the House adjourned.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16


to control production or monopolize
supply.
A bill of some importance was in
troHrred Tuesday by Mr.. Cox pro-
viding for the creation IF COMMITS
ston to be known as the viryinia
Waterways Commission. 1t will be
composed OF FIVE members and Will
have especial charge OF the develop
rent of the waterways of the State.
Mr.. Cox introduced a measure also
to aprronriste the sum Of fifty thou
sand dollars for the nurrose of
br'idipe at the grounds OF the Vir-
ginia State Fair Association for the
purnose Of exhihitice the agricultural
and mineral prrdrcts 81 the various
counties Of the State. during the state
Fai-. and providing for a commission
to have charge OF such exhibits.
The House Committee on Schools
and Calleses win consider the Rad
ford resolution at an earlv m~~tin~ II
sca'e 10 per cent. the annual ammo
nr'atinrs TO the institutions Of higher
education In the State and to take the
gum 20 saved ana aor'v to the pri-
mary schools When Mr.. Radford In
trodu~ed the resolution veste~aay he
desired II referred TO the Finance
Committee hut Mr.. Oliver en~~~<fed
that his co~-,ittee was constderinc
the needs OF the prb'ic institutions OF
the state and desired to consider the
resolution along with the other finar-
c'al reruirments Of the schools Mr..
Radford's resolution looking to a rad
ieai reduction in the numbe of school
divisiona. In the state will. however.
come in for rather more favorable
az nv ~ a nd CHI ~
get back on the floor of the House f"r
public treatment. II Is eaiized that
fewer division eurerintendents, and
with the reduced force ror~rosed OF
men in love With their work and de-
voting their whole time and ener"tes
to the building Of the s"hool system
and increasing It's efficiency. the
school situation IN the State would
rapidly gain In nopularity.
Mr.. Cox. 81 R,chmc-a city. on We'd
rAsday introduced y hill to make the
daisy the State flower OF Virginia
Colonel Fttzhush. who has won fa~~
nv getting the antl-sreatinx h'l'
through the House. introduced the
m "a sure. No surnrise would have been
orcasfnred. &c he aiwsvs shows IN
for work with a beautiful red rose
on the lsoei Of his coat and a smile
for hts friends Only the red rose.
rather than the dairv. might have
, heen nared in the hill had the gem
tieman from Northar1nton fathered
the reasnra The Virsinian. how
ever. ~ able to say that the report
that Mr.. Cox doesn't know what
daisy looks like is base SANDER. Mr..
Cox Is a Judge Of flowers. and his
choice of State flower will be
Overwhelmingly endorsed by his coll
leagues In the House, although there
Is a report from the other end OF the
Canitoi that very considerable mi
nority viii endeavor to amend by in
sorting the odorous mint In place OF
the daisy.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
Ground Limestone
Facts for
LEGISLATORS
NUMBER IL.
NJ MDER II,

Do you know that II was by freight
advantages that the Standard Oh
Company and other great trusts built
up their monopolies?
DO you believe the railroads should
be allowed to make freight rates In
favor of the State against Its own
chartered tax paying competitors?
Do you believe that the State has
any more right to become trust or
monopoly than has Its chartered cor
porations?
Don't you know special legislation
or fayoritisTn for any class brings
In IT. train misfortune. misery and
woA2
Tariff legislation. favortng manu-
facturers. built up the trusta
LAg1e3aflng for special claeo By
the STATE manufacturing Tor than will
reonk N wSfue conditions: Il unAtes
~ otnts = ry9 beyond The powee q
raGnlakion.-tA6@ s
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
SENATOR MARTIN
HERE BRIEF TINE

UnsteA States senstsr Theoss
.. Martin spent several heurs II
the city Wednesday nlght, leavtng
ter Waahington ~ O'Clock yester-
1ay msrnlng. senator MARITIME
coming was known TO but few, %
any, IN the city, hnt be ha1 several
callers ~ A1s PoOm IN Morphyse.
while Senator Martin hos made
no statement en the matter, nor
has be authsStseA anyese - speek
for Mn. q was talked ahout the
capitol yesterday that <epreseAfa~
lives 81 both sides On the enab.
llng act saw and talked With him.
II was stated yesterday that sea-
ator Martin had told thOse who
called upon him that the question
II not ONE 81 the LeGtalafive v0t-
Ing prOhshDtioR ON the state. hut
OF permitting the people OF the
state to decide for th~Mss1ves what
they want. Ne stated fkat ~ ex-
p~ctra to vote hts sentiments to
the volts II ~sv~n the owuortunlty.
sem~tor Martins wosstton ON
Temperance ~.~ wa~e known dvr-
ing hts v~~e Tor the Senate whom
the candidates were r~~~ested 10
answer 4 number OF questions.
The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-02-16
CASES AGAINST
CLUBS FALL FLAT
Nh. DAVIS MAIN WITNESS FAILS
IO SHOW UP--WHEREABoU
UNKNOWN.

CHARLOTTE. \, C.. Feb. i5.--The
sensational cases OF Superintendent
Davis, OF tho state Anti Sa loo n
League, against FIVE clubs and three
druggists fell fiat here today, the time
set for trial
Lr. Davis appeared in the city, but
his man. Flow. has not yet been
found, so he had no case TO prose-
cute.
All the men whose names were
furnished The city attorney as being
present when Flow alleges he bought
the whiskey declared the statement
fals"haod. and that they knew
absolutely nothing OF II. The cases
Will be docketed In the City Court.
and II Flow ever returns he will be
made 10 take the witness stand by
tho recorder.