The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-12-15
LOCAL MATTERS.
Supreme Court OF Appeals.

AsHLASD-THE PETERSBURG NANDANUs
CASES TO BE DECIDED NEXT TUESDAY,
TWO OF THE JUDGES sICK-IHE NEW COURT.
The Supreme Court met yesterday, with
Judges Anderson, Staples, and Lewis on
the bench.
Judge Anderson delivered the opinion
| OF the court in the case OF Kean and others
against Vaentine-a petition for 4 man
ddmus.
The Court say "the town OF Ashland,
in the county OF Hanover. Is an incorpo-
rated town OF more than 500 and less than
5000 inhabitants. The Council OF said
town. pursuant TO an net Of Assembly ap-
proved February l3. 1877, 'to amend and
reenact section 36 OF chapter 80 OF the Code
OF 1879 and, az authorized by it, consti-
tuted the said town separate school dis
trict, and appointed Ohio G.. kean, John
G. Tiller, and J. 4. Brown, the petitioners.
school trustees OF said school district, CON-
posed OF said town, TO serve one, two. and
three years respectively. who were quail
fed according 70 law"
"They informed Jackson l.. Valentine,
who was superintendent OF public schools
for the county OF Hanover aforesaid, OF the
action Of the Town Council OF Ashland,
and requested him to assist in organizing
them into board Of the district. But he
refused and persisted in refusing TO assist"
"To compel him TO do his duty and to give
them the assistance required to effect legal
organization OF the board Of school trustees
for that district they petitioned this court
for writ OF ,a1nd1mus TO compel him TO
assist in is organization"
The respondent in his demurrer and an
sGer held that the proper appeal from the
county superintendent was 10 the State
Board OF Education, moreover, that the
town Of Ashland does not contain FIVE hun
dred inhabitants.
The Court held that r.ri.danaS was tho
proper remedy. 1T is true that they (the
Ashland trustees) might have appealed TO
the Superintendent OF Instruction and to
the Educational Board, and besought their
interference to prevail on the county super
intendent TO do his duty. But that was no
legal remedy TO enforce their legal right.
Neither the superintendent OF Public Iu-
stIuction nor the Board OF Education was
clothed with judicial power and authority
10 enforce a legal right or to give specific
rehef. Their only adequate and specific
legal remedy is By the writ Of mdndamuS.
The demurrer OF the respondent must
therefore be Oyerruled."
Examining the case upon respondents
answer a. sworn to, the Court ind from
the testimony that the town OF Ashland,
instead Of having less than 500 lnhabitant
has $40. After disposing Of some other
minor points the opinion says: "The
Court is therefore Of opinion that the rule
niSi BE- made absolute. and that a peremp-
tory mdnddmuS issue" requiring said Val
to all - stt.h tfrAn
and place as they may by written notice TO
him designate, for the purpose OF assisting
them 10 organize IN accordance with law.
Attorney-General Blair said that the case
was not heard before a full court Judge
Christian was ABSENT, and that lie would
file petition asking a rehearing. The
Court intimated that he could do so, but
that it would probably be useless work, a.
the opinion was unanimous.
The law is that one OF the judges who
coucWred in the opinion must be dissatis-
fed to secure rehearing ofa case.
Judge Anderson (acting president)
stated that Judges Christian and Burks
were kept away from the bench by sick
ness, and IN consequence they would de-
liver no more opinions to-daysEesterdayl
All the cases now remaining in their hands
are important, and they wish il possible 10
have a full bench when they are decided.
On Tuesday next the Court will deliver
several important opinions and attempt 10
close up its work Is far as possible.
The new Court OF Appeals will meet JAM
uary 8. 1888. sThe title 10 office OF Judges
Lewis, Lacy, Fauntleroy, and Richardson
is undi.puted, but Judge Hinton was elect
ed to the place now filed by Judge Burks.
According to the opinion OF the present
Court Of Appeals judge is elected always
for full term-in this instance for twelve
wears from January Q, 1877. But the Re
adluster caucus decided differently, and
according to their view Judge Burks was
elected for an uneXpTed term, which ends
January /, 1888.
The names Of Judges Lewis and Lacy
are mentioned in connection with the presi-
dency OF the court.
II i thought that Colonel Brady has the
inside track for the clerkship should the
Court determine 10 remove the present
able and efficient clerk, George h. Taylor,
Esq.