The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-22
They Fear to Antago-
nize Him With Threat
of Litigation.
SUBSTITUTE
FOR THORNTON BILL
Fairfax Man Indignant at What
He Terms "Unwarranted Inter-
ference" and Will Have Moth
ing to Do With It-Thinks
Beautiful Appeals"
Will Be in Vain.

The fight to secure the return of
Martha Washington's will from the
collection OF j. Z. Morgan to the Fair
fax County courthouse. from whose ar
chives II was stolen during the War
Between the States, took an unexpected
controversial turn yesterday, with n
split between Commonwealth Chapter,
Daughters OF the American Revolution
and Senator Thornton, OF Fairfax, on
the question Of the steps that shall be
taken to bring tho document back to
Virginia.
Resolutions adopted at meeting Of
the executive committee of Common
wealth Chapter, held yesterday at 1914
Park Avenue. declare that the bill in
troduced by Senator Thornton. by rea-
son of the language therein employed.
will tend to defeat rather than aid In
having the will of Martha Washing ton
returned to this state. The request Is
made that Senator Thornton, there
fore. withdraw his bill and substitute
in it's place bill prepared by the chap
ter
Senator Thornton was informed of
the action of Commonwealth Chapter
yesterday. Hc courteously declined to
accede TO the request and declared his
intention to press the passage OF his
own bill which, he believes, amply
meets the present exigency.
Does Not Want Suit.
In the bill introduced by Senator
Thornton, now on the Senate calendar
on Its first reading, the Governor is
authorized to make formal request OF
Mr.. Morgan for the return of the Will.
In the event that the request is not
complied with in a reasona BILE time.
the hi1l directs. the Attorney Gen
Gral shall bring suit for its recovery
in the Supreme. Court of the United
The substitute bill recomme nded by
the executive committee of Common
wealth Chapter omits the section au-
thorizlng the litigation. The omission
is justified OH the ground that such a
procedure would antasonize Mr.. Nor
gan and make the recovery Of the will
all the more difficult
In another important respect the
substitute bill departs from the origi-
nal. Senator Thorntons measure calls
for the return of the document 10 the
archives OF Fairfa& County. The sub
stitute urged by the Daughters directs
that in the event that the will is re-
covered. it shall be placed In the GUS
tody and safekeeping of the State LII
brarian.
n the efforts to have the testament
iniI, TIC SupSNilutt Dlli
provides. the Governor is requested to
report such fact to the General AS
seinbly.
To Press Substitute.
The executive committee of Common
wealth Chapter appointed yesterday a
special committee. composed of Mes
danes D. T. Williams. Warner Moore.
w. j. Payne. VI. Allen Chambers, c. p.
Lee and NJ j. Caples to call upon Sem
tor III, -,
advisability Of substituting for his
measure tho new bill prepared by the
chapter. In the event that Senator
Thornton declined to make such sub
stitation, the committee was directed
Immediately to ask some other mem
Der of the Senate or House OF Delegates
to offer The bill and urge Its passage.
Senator Thornton spoke pointedly
last night of the action of Common :
wealth Chapter, and stated that he
would stand by the measure now on the
Senate calendar and no other. His
feeling. he said. was shared by every
member of the Senate. I. would be idle,
he thought. to think of substituting
the chapters bill with its colorlcss
language. for the unequivocai measure
now pending.
inwarrantcd Interference.
eat the ~isl< OF being t.iscourtcous
10 tne goOu women VINO nave taken al
hand in this matter said Senator
Thornton last night. II cannot help
looking upon their interference at this
stage of the controversy. as unwar-
rnntcd. We in Fairfax have borne the
brunt Of the fight for many months,
and have continued our efforts in the
face of repeated setbacks.
Through our Commonwcalth's at
torney we have made request after re-
quest of Mr. Morgan for the return OF
the WILL without being accorded even
the courtesv OF reply. Only recently
have we succeeded I'm gaining the Off
cial admission that the will was in Mr..
Morgan's collection. The last request
brought a letter from Mr.. Morgan's
secretary Offering to give us photog
raphic reproduction of the WILL but
no more.
Frankly. am OF the opinion that
MIR. Morgan Will not be moved by beau
tiful appeals or Influenced by mere ro-
quests. However. If he is SO disposed
he is given ample opportunity to re-
turn the will OF his own accord under
tho terms of my bill. which directs the
Governor to request It's return and
leaves to his discretion the time which
shall be given Mr.. Morgan to comply.
Must Bring Suit.
"On the other hand. if Mr.. Morgan
does not accede to our request, my bill
provides the machinery for bringing
the matter to the attention of the
courts There is no need to disguise
our feelings. we feel that the docu
ment rightfully belongs to us. and II
1t Is held in violation of the law not
even Mr.. Morgan can protest against
our attempting TO have p wrong
rlghted.
There is another objection that ]
have against tho substitute bill II
seeks to place the will In the custody
OF the state Librarian. whereas 1t be-
longs peculiarly to Fairfax Coun-
~. II was in, our, county that the