The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-03-30


will furnish the same to persons selling, or
proposing TO sell, fertilizers, on payment of
fre cents for each tag, to be appended to
packages Of two hundred pounds, or less.
Packages containing more than two hun
dred pounds will require special tag,
which will be prepared and charged for "a
proportion TO the excess over two hundred
pounds" H.F.
This is the rule (and the only one) charged
in the bill to be illegal and oppressive;
and it is the only one. OF all the rules and
regulations prescribed and promulgated by
the Commissioner OF Agriculture, about
which there Is any contention; and 1t Is
the only one affected by the injunction.
THE DEPARTMENT OF AGRICULTURE
was established by act Of the General
Assembly OF Virginia, approved March 80,
1877, entitled an "Act to Establish q De-
partment OF Agriculture, Mining, and Man.
ufacturing in the State" [Acts 1907.
page 240 Il and this controversy has arisen
upon the construction OF that act.
The only portions Of the act important
to consider, in review OF the proceedings
In the court below. complained OF by np-
pellant, are sections 8 and 0.
Section 8. "That the Commissioner
shall be empowered to make all necessary
rules and regulations for the purpose OF
carrying out the design and intentions OF
this act"
Section 8. "That for the purpose Of
practically carrying out the design for
which this Department Of Agriculture Is
instituted in this State, an appropriation
Is hereby made for the support and
maintenance OF said department, and for
the payment OF employees that it will be
necessary to employ to properly carry out
the intentions OF tins act, five thousand
dollars per annum. and no greater amount,
shall be expended for the purposes en-
braced within this act during any one year.
Said amount shall be especially appropri-
atcd from the Treasury for said purpose,
and shall be counted as an annual expense
Of. the State and said amount shall be
drawn from the State Treasury, by the
Commissioner, under rules to be estab-
lished for said Commissioner by the Gov
ernor."
Under the power given by the said 9TH
section OF the act the Commissioner OF
Agriculture claims the right and authority
to prescribe and enforce the said Rule
"No. g" The appelees, who are COM
panants below, being manufacturers and
sellers OF fertilizers, complain that this
Rule "No.2," OF the series prescribed by
the Commissioner Of Agriculture, is ille-
gal, unjust, and oppressive. The appel
liant, in his answer to the bill, denies that
the said Rule "No. 2" Tor any Of them)
is Illegal, or unjust, OF oppressive; and as.
serts that he is clothed with full power and
authority, by law, to adopt and enforce
them.
1t is shown i'm the record that
TIE TAGS
which the Commissioner requires the SELL
ers OF fertilizers to buy from hlm, at the
price OF fire cents each, cost the Commits
sioner less than one fourth OF cent apiece !;
that is, less than one twentieth OF the price
which he exacts for them; and that not
less than 10000 tons Of fertilizers are an
nually sold in this State probably, in
deed, larger amount-a large part OF
which, too. is manufactured in this State.
And that the Commissioner would realize
from the sale OF the tags, annually, not less
than $50, 900, OF which more than nineteen
twentieths would be clear profit. The APP
pellant, i'm his answer in the court below,
claims that the power to make rules and
regulations 10 carry out the design and in
tentons OF the act, necessarily embraces
the right 10 raise funds for the pay
ment OF the expenses OF the Depart
ment, Us well rs to regulate the
| official details thereof; and, in fact,
i'm his said answer, he explicitly and boldly
admits that the object and purpose OF the
requirement OF Rule - No. ." was large
ly, il not altogether, TO raise money for has
department. (See whole answer; but par
ticularly on pages 2S, 20, and'3O OF the Ge-
cord.)
AN EXAMINATION OF THE ACT
will not Justify this bold assumption OF
power, and the extraordinary act OF the
Commissioner to raise money, at his own
discretion, for the purposes Of his own de-
partment. The 9th section OF the act, after
apprOpriating the sum OF five thousand dol
lars. annually, "for the support and main.
tenance Of the said department, and for
the payment Of the employees that it will
be necessary TO employ to properly carry
out the intentions OF the act" expressly
declares, "And no greater amount shall DC
expended for the purposes embraced u,hu
this act, during any one year." The Com
missioner proposes, by his own authority,
to raise the additional sum Of, at least,
s35. 900 every year, and to eypend 1t for
the purposes embraced within the act.
The rules and regulations which the Com.
missioner is authorized TO make must be
in subordination to the statute conIerring
this power, and must be consistent and
harmonious with the spirit and policy ol
the act which they are designed to enforce
and fulfil; but the charge in Rule "NO. ~
il not only inconsistent with and repug.
nant to the act, but is utterly subversive OF
the express provisions of it. There is alb
solutely nothing upon which the charge
imuosed by Rule .No. 2" can rest. The
act OF the Legislature is plain, express,
and unambiguous; and, certainly, by nc
force or torture OF construction does i
impose any burden or tax upon the citi'
zens and the large and important indus
tries of the State, at the discretion and dis
pensation Of the Commissioner OF Agri
culture.
/ THE COMMISSIONER
ayers. in his answer, that large sums ot
money are necessary TO carry ont the pur
noses and duties imposed upon his depart
ment. and he declares that the annua
legislative appropriation Is utterly IN
sufficient for the multifarioas du
ties and demands OF his office
Tbi, NAV be, and, indeed, obviously
Is. very true: vet, the remedy Is in thC
legislative will and wisdom; and not In th'
dangerous discretion and dictate OF th'
Commissioner Of Agriculture TO levy ta'
upon the industries Of citizens OF the STAT
who have in all respects, literally and ODE
dently. complied with all the requirement
of the law. The power claimed by th
Commissioner Of Agriculture Is OF grea
magnitude and importance; ana Is withou
/, limit or restriction other than his own vii
and estimate OF the necessity Tor reyenu
,, for his department. We do not question
a. .s.e.;,o, ~ the Commissioner