The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1872-12-12

proved by me. because did not deem them
| the proper remedy for the evil complained Of:
| To the act in force February LIST, 1872 pro-
viding for re-assessment, there was an ad.
ditlonal objection entertained grave doubts
as to its constitutionality. The sixth section
Of the tenth. article of the Constitution is in
these words: "The General Assembly shall
| provide for . re-assessment of the real estate
Of this State in the year 1869, or as soon
thereafter as practicable, aud every fifth year
thereafter, provided 10 making such assess
ment no land shall be assessed above or be-
low it's value" 10 interpreting constitution
al provisions it is safe rule to adopt that
whero CORRECTIONS are given respecting the
times or modes of proceeding in which pow
er should be exercised, there is at least a
strong presumption that the people designed
it should be exercised 10 that time and mode
only" The provision of our Constitution
just quoted. and by authority of which any
and all assessments of lands must be made.
prescribe. 10 mandatory terms, both the times
aud mode in which re-asscssments of tho real
estate in the State shall be made. A rc-as-
sessment shall be made Gin the year 1869, or
as soon thereafter as practicable, and cuery
fifth year hercaffer,'' but in making such
assessments no land shall be assessed "above
or below its value" The very just rule here
prescribed, that land shall be assessed neither
above nor below its real value, is applicable
Only to 'ssuch" assessments az are made at the
lines prescribed in the preceding clause, VIZ:
the first assessment and those made every fifth
year thereafter No rule is prescribed as to
any other assessment, nor are any other as
easements authorized If the intent were to
permit other assessments at other times, why
was not this rule as to value enlarged and
made applicable to oU rather than "such'
assessments as were enumerated? Why was
not such intent ex pressed as that re assess
ment should be made in 1869, and every fifth
year thereafter, and ofiener If necessary fl
the power Of the General Assembly were un-
limited in this respect why attempt to pre-
scribe the times and mode of its execution ?
The power to impose taxation is inherent,in
every government, and uncontrolled except
by the fundamental law When. however
restrictions and limitations are prescribed by
the Constitution, this power must be exsrci-
sed within the established and defined bounds
The Constitution of 1851 did not contain the
section under discussion, and the fact that it
was orporated in our present Constitution
raises strong presumption that its trainers
not only deemed some limitations upon the |
powers of the General Assembly in this be-
half essential, but also that they intended
that the power should be exercised only at
the times, aud in the manner prescribed
While | am not prepared to pronounce this
act to be in palrabIe violation of the Consti
tution," [ entertain such grave doubts upon
the subject that would counselan avoidance
of auy further legislation of this character.
I have no doubt that in soiac localities
lands have decreased. while in others they
have increased in value since the assessment
of 1870, but can the Legislature undertake
to accommodate it's legislation to every tenn
porary fuctuation In the value of property in
every locality in the State? What is needed
and what we have not yet had is fair, just |
and equal valuation of the property in the
Commonwealth but this cannot be attained
BY re-assessment, even if the Legislature
had the undoubted authority to order it. 1t
can only be accomplished. by some plan Of
equalization, which shall as near as possible
secure the assessment Of all property OF its
real value, as prescribed in the Constitution.
CHARITABLE INSTITUTIONS.
The reports of our three Insane asylums,
aud the Institution for the Deaf, Dumb and
Blind are herewith submitted. All these
institutions have been most admirably man
aged during the past year, rejecting the high
est credit upon the officers in charge and the
several Boards Of Directors again urge
upon the General Assembly the necessity for
increased accommodations for the insane.
Large numbers of these upfortunatcs are con-
fined in our jails because there is not room
for them in either asylum. Our present asy
iums must be enlarged or new one con-
structed. am still of the opinion, and for
the reasons urged in my last annual message
that it is advisable to establish another asy-
lum at Lynchburg or some other point equal
" accessible to that portion [the South Sije)
Of the State' All things &C nsidercd deem
it unwise to attempt the enlargement Of eth.
er our eastern or western asylums / rsgret
to see renewal on the part of the authori-
ties of the former of a persistent and | think
unwise effort to secure from the Legislature
sanction of an expensive scheme for the en-
largement ofsthat institution.
PENITENTIARY.
While the Penitcntiary is in better con-
dition. and is as we'll, If not better managed
than evci before, it has not during tina past
year been as successful 10 the reduction OF
expenses and the increase Of it's earnings an
I had hoped, nor as [ believe it would have
been, had the recommendations which | have
heretofore made, been promptly sanctified by
proper legislation It was charge upon the
treasury during the last fiscal year over aud
above all reeeipts of s66 $50 78; but when
the amout earned. but unpaid on the LIST ct
October last for the hire of conyicts, the val
ue Of the labor performed by convicts upon
the Capitol and Penitentiary improvements,
together with tie amount expended In the
permanent improvements Of the latter are
taken into consideration, it will be found
that the actual cost Of this institution to the
State was less than 5000; and this, too.
Notwithstanding the fact that tho number OF
prisoners was about as large as during any
proceeding year.
Some changes have been made IN the sys-
TEN of hiring out convicts. Formely, the
contractor boro all the expense OF the care
| custody, clothing and maintainance OF the
convicts employed by him, and paid to the
Statestwenty- cents for each days labor
l IL L ln