Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-08-01
RICHMOND'S RECORD.
SUPREME COURT 0FAPPBALs.
Judge Lacy's Opision In the Female Normal

Judge Laey's Opinion in the Female Normal
sehsoI Case s-yshn 5. Wise W. Bisssr.
This case, recently decided by the Sr-
preme Cour, OF Appeals at Wytheville, was
an application to the Court for peremp-
tory writ Of mdnddmus 10 compel one or
the other Auditor to pay the annual appro-
priation Of 10000 out Of the funds rcspec-
lively in their hands. Judge Lacy deliv-
cred the opinion as follows:
The sixth section OF the act, which was
approved March 7, 1884, appropriates 5000
out OF the general treasury to the schools
to establish il.
The seventh section provides that the
sum Of $4,000 shall be appropriated out
Of the treasury annually to defray incl
dental expenses, and then provides that
this sum shall come out OF the public free
school fund.
The Court declined TO command the
First Auditor to pay the money because
there was no appropriation by the Leglsil-
ture out Of thai fund
Upon the question whether the appropria-
tion out Of the public free-School fund was
constitutional. the Court held that under
froe-school fund is dedicated to tie public
free schools.
The eighth section Of article eighth pro-
yides this fund. and then declares that It
shall be for the equal benefit OF all the
people Of the State, the number OF children
between tie ages Of five and twenty-one
wears in each public .tree-SchOOl district
bsinq the basis or such diriSi0p."
I he second section Of the eighth article
provides board OF education and declares
| that "ihis Board shall have, regulated by
| law. the management and investment OF
all school funds"
The act in question appropriated SlO,OO
| cut OF this fund for a particular normal
| school without reference 10 the division
! and distribution provided in the eighth
| section, and placed the control OF this
/ fund under cer'an persons other than the
board Of education, as directed by the
second section.
The LEGISLATURE Is directed by the Con-
/ stitution of the State 10 establish normal
schools expressly. and is authorized TO fos-
| ter all higher grades of schools. and to that
end is authorized to provide permanent
educational fund. The Legislature has the
power under its general legislative power
To establish and 10 endow such schools,
and any endeayOr to that end is praise
worthy a. well a. lawful; but the Lcgl-la-
turc cannot appropriate TO that purpose
the funds devoted and dedicated to otheI
purposes by the Constitution.
The act is not unconstitutional, except IL
the appropriation OF the annual allowanc,
out Of the wrong fund. 1t can stand in al
other respects. There is no reason why
the scheme should fail because Of this mis-
take. The school i established. an
doubtless the Legislature will in its wis
dom provide for the support OF the Schoo
out Of some other fund.
The LEGISLATURE has the undoubte'
power to do so. and there is no reason VIII
the school should suffer any serious detri
mcnt on account q the mistake aboy
stated.
The writ was denied.
Judges Lewis and Hinton disSerted.
THE RaAPP0RTIoNMENT CASE.
The following special dispatch receiye'
last night gives the status OF the case q
John :. Wise rs. Bigger, on a ps;itlo
made by Wise that John Bell Bigger
Keeper OF Rolls, he required TO strike ther,
from The reapportiOnmcnt act pissed b
the last Legislature:
WYTHEyILLE, July 3l.-In the Court {
Appeals to-day the case Of John ;. Wis
rs. j. B. Bigger et as. was called. X.
Hubbard. Esq, appeared for Mr.. Wis'
and John W. Daniel, Waller Il. Staple
aud j. A. walker for the respondent
The answer Of the respondents was tle
and the case passed until tomorrow.