The times. [volume] (Richmond, Va.) 1890-1903, 1892-09-23

30 il enacted bv the General Assembly
That Il shall be lawful and proper for the
Governor of this Commonwealth. by con-
veyanoe or deeds in writing. under his hand
and the seal Of tho state, 70 transfer es-
sign and make over unto the SAID United
States tho right OF property and title. as
well as all the jurisdiction which this Com
monwealth possesses over the lands aud
shoa at Old Point Comfort and the Rip
Raps Provided. the cessIOn at Old Point
Comfort shall no. exceed two hundred and
fifty acres, and the cession Of tho shoal at
tho Rip Raps shall net exceed fifteen acres:
aud provided also. that the said cessiOn
shall not be construed or taken 80 as 10 pre-
vent the officers Of this State from execut-
ing any process or discharge any other legal
functions within the jurisdiction or terri
tory herein directed 60 DO coded. nor 10
prevent. abolish. or restrain the right and
privilege OF fishery had. enjoyed, aud used
10y the citizens OF this Commonwealth with
ia the limits afOresaid aud provided. fur
ther, that nothing in deed of conveyance
required by the first section Of this act
shall authorize the discontinuance OF the
present road to tho fort or in any manner
prevent the pilots from erecting such marks
and beacons "a may be necessary.
And be 1t further enacted. mat should
the said United States at any time ABANDON
the SAID lands and shoal, or appropriate
them 10 any other purpose than those lndl-
Gated IN the preamble TO this Get, that then,
in that case the same shall revert TO and re-
vest in this Commonwealth.
An ACT OF CONGRESS.
The United States Congress in 1868 passed
Joint resolution which was approved June
18th. The resolution authorized the on
largement of tho HyRela Hotel at Fortress
/ NonrOa. Gnd distinctly states that the pro
| perty shall be sub Get 20 taxation by the
! State. The resolution reads a. follows
! Be il resolved by tho Senate and House
| of Representatives Of the United states OF
! America in Congress assembled, That the
! Secretary of War be and is hereby. author
! led 10 grant permission 10 Henry Clark,
proprietor ~ the Hygeia Hotel at Fortress
/ Monroe, Va. 10 enlarge the sad hotel IN
! such a manner as may be compatible WITH
the interests Of the United States fIo-
! vided that such enlargement, or any oulld-
! inc hereafter erected by any person or
persons upon the lands Of the nited
/ States at Fortress Monroe shall be at once
removed. at the expense OF the respective
/ owners, whenever the Secretary OF war
! saall deem such removal necessary, and no
/ claim for damages therefor shall be made
! upon the Government Of the nlted States:
! and provided further. that the building 50
/ 20 be enlarged shat be subject to taxation
! under the state and national authority the
! same As other property.
TEr cHA,BERLIN HOTEL.
! A similar resolution was passed by Con-
gress in 1897. and approved on March 30.
/ permitting John +. ChAmberlin TO erect a
! hotel n the same locality. The following
! is the text Of the resolution:
Resolved by the Senate and House Of
| Representatives of the United States Of
! America in Congress assembled That the
/ Secretary OF War be- and he is hereby. au-
| thOriZed 10 grant permission to John +.
! Cnamberlin to build hOtel upon the lands
Of the nited States at Fortress Monroe
| Va. upon such site and with such plans
/ and dimensions az may be approved by the
Secretary Of War: Provided, that the State
| of Virginia by its General Assembly and
! Governor. shall by proper legal enactment,
give the consent Of said State to the cree
ton Of such hotel, and that the building or
buildings erected shall be removed. ST the
expense Of the owner or owners, whenever
the Secretary of War shall 80 direct; and
no claim for damages by reason or such re-
moval shall he made upon the Government
of the United States and provided, further.
that the building 30 erected shall be subject
10 State and national taxation as other
! property.
The General Assembly Of Virginia, during
! the extra session of 1887 passed an act
I which was approved on March 3Oth. and
which gives the consent of the State 10 the
erection of the hotel. The provisions OF
the act are as follows
BE it enacted by the General Assembly OF
! Virginia. That the consent Of the State OF
! Virginia is hereby given to John F.
| Chamberlin to erect hotel upon the
! lands Of the United States at Fortress
| Monroe in accordance with the Joint
resolution of the Congress Of the
! United States authorizing him TO erect q
! hotel; but the said building property and
| business connected Herewith or transacted
| therein shall be liable to the same taxes as
! any other property or licensed business IN
| the Commonwealth Of Virginia And this
consent is granted upon the further
| condition that all the taxes and assessments
upon said property in favor OF the Common
wealth Of Virginia are to be paid IN cur
rency aud not in coupons.
LEGAL PROCEEDINGS.
The legal proceedings against the Auditor
! Of Public Accounts aud others were brought
about by a bill in chanosry filed in the
clerks Office of the circuit court Of Rich
mond on June %, 1892 by the Hygeia Hotel
Company against Morton Marye, Auditor OF
Public Accounts; Segar Whiting, treasurer,
and j. =. Jones, deputy treasurer OF Eliza
both City county.
The bill gives ia detail the origin and his
tory Of ortress Monroe. and 1t sets forth
that in the course OF time 1t became neces-
sary to erect hotel upon the lands TO &C
cOmmOdRte the officers detailed % the Fort.
! The War Department. therefore, granted
permission for the erection OF hotel, which
was TO remain open all the wear, but 1t was
! expressly made subject to the authority and
control of the general Government. Ihe
| hotel was enlarged by Henry Clark IN 1868
and by Samuel A. Shoemaker IN 1915 in ac-
| cOIdance with the provisions OF acts OF Con
gress On July 10, 1915, the hotel was sold
TO the late Harrison PhWbus. IL was again
sold on Aprll T. 1887. 20 the present owner.
The hotel property had never been taxed,
! but in February, 1892, Y. =. Holt commits
sioner Of revenue Of Elizabeth City county.
assessed. az is claimed in the bill, without
any lawful authority whatsoever for taxa
ton Tor state, county and school purposes
/ from the year 1876 TO the year 1892, inclusive.
! the hotel and its contents. This assessment
| was made under the instruction OF Auditor
! Msrye and later on delivered TO the county
! treasurer for collection.
The assessment is made on the property
/ valued for the years 1876 TO 1878 at SIS, 900;
/ for tho years 1879 10 1881 at $4,000; for the
years 1852 to 1892 at s160 co., The tax
| varies from S4l2.50 IN 1876 10 i. 100 IN the
present year. the highest tax being that OF
! 1885. nearly 81 720. The whole amount Of
taxes claimed in this manner is S25. $40. one
| fourth of this sum Is placed on the turni-
ture and the balance on the buildings. A
| license tax had also been assessed against
! tho hotel and 1t was threatened that the
property would be levied on il the taxes
were not paid before July /. 1892
The bill therefore asks that Colonel
| Marye and Treasurer Whiting and Deputy
| Treasurer Jones DO made parties defendant
to the bill and the latter two be onjoined
l.