The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-07-09

Decision Against the State I'm tho At.
lantfc, Mississippi and Ohio Rail-
road $500 900 Suit

On the Goth Of May Messrs. Johnston,
Williams d Boulware, Pegram, String
fellow d Kean, attorneys at law, filed
n bin in the Circuit Court OF Richmond
on behalf Of Harry Il. Gannt, alleging that
he is the owner OF certain State bonds issued
under the funding bill OF 1871. and under
the amended act OF February !. 1872, and
who maintains that a part Of the contract
under which said bonds were issued
was that whatever sums were re-
allied from the sale OF the States
interest in railways and works Of
Internal Improvements was especially
appropriated TO the redemption Of the
bonds issued under said act, ard that the
pledge so made twas a material induce
ment 10 holders OF the bonds issued by the
State Of Virginia under acts prior TO the
said act OF March 30. 1871. to accept the
terms and provisions thereof Then the
bill goes on 10 recite the fact OF the states
ownership OF an intcrst in the Atlantic,
Mississippi and Ohio road; OF the sale Of
the same for 100000 TO the purchasers Of
the road, and Of two acts Of Assembly
undertaking 10 dispose OF said 500, 900
by apprOpriating part (3l0J,C00) for the
establishment Of q normal and collegiate
institute (cOlOred). and the remainder to
the public-school fund. such attempted
disposal of the proceeds Of the sale the
complainant charges is unconstitutional,
illegal, and void, and that it was the duty
Of the Board Of Public Works to have
turned over said money to the credit Of the
Commissioners of the Sinking Fund ;
wherefore he prays the Intervention OF this
court and an injunction to prevent the
wrong contemplated.
Yesterday Judge Wexford, in an able
and elaborate opinion, decided in favor OF
the complainant and against the state.
A decree was ten entered covering this
case and that Of v. l.. Royal against the
same dcfendant>), in which the Court
(Judge Wellford) "iOth in accordance
with the PRAYER Of the complainants' bills,
enjoin and restrain the Board of Educa-
tion Of Virginia, composed OF William +.
Cameron, Governor; X. Il. Farr, Superin-
tendent OF Public Instruction; and +. s.
Blair. Attomey-General OF Virginia, and
each member Of said Board, and also the
Virginia Normal and Collegiate Insti-
tutc, its Board Of Visitors and all others,
their agents and attorneys, from taking
into their possession, custody, or con-
troll any part of the said sums OF money,
or from in any manner interfering with
the same or any part thereof. And
the Court doth further adjudgc order, and
decree that ID. Il. Reycley, the Treasurer Of
the State OF Virginia, be, and he is hereby,
ordered to take possession OF the said sum
OF mOney-yiZ.. $500. .000-dcriycd as afore-
said from the sale OF the interest of the State
OF Virginia i'm the Atlantic, Mississippi and
Ohio Railroad Company, and pay over the
same to the Commissioners Of the Sinking
Fund, composed of himself, II. III. Dyson,
Second Auditor Of the State Of Virginia;
and :. Brown Allen, Auditor OF Public
Accounts Of the state of Virginia, to be
applied 10y said Commissioners of the Sink
Ing Fund rs provided in said act OF March
80, 1871"
The Acknowledgement will appeal.