Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1892-04-15
DECISIONS IN TIE SUPREME COURT.
me Tax on chsrssrs-csss Of KILLER ~
The Commonwealth.

The Supreme Court Of Appeals yester-
day decided the case Of the Combined sey
and Planer Company against Henry ".
flournoy, Secretary of the Commouweeitn,
and ordered that mandAmus issue componins
the respondent 10 record the charter OF the c9',-
70 an act OF the last Legislature, however, tns
decision does not reach beyond THIS petucuar
controversy, bat statement OF the case ID COM
petent In order TO avoid misunoerstanuink
which might arise out Of the mere msaa,1a ~
1ss9-'yO passed an act imposing tax on
all charters granted undor the section OF toe
Code covering the powers Of courts IN tne prem
laos and all charters that might De thereatof
granted By the General Assembly, said tax TO De
paid upon lodgmsnt and rocordation OF tne
charters In the once Of the Secretary OF inc
Commonwealth. At the same session OF me
Legislature an amendstory act was passcu: III
which reference 70 court charters Was omi,ted-
REFUSED TO RECORD IT.
The Combined Saw and Planer Company,
doing business In Washington, but cnartered oy
the Circuit Court OF Alexandria, sought refuge
under this Bmendatory act ana enocavoroo W
have their charter recorded without paying tne
tax. They were refused and applied for the
mandnmus, which was yesterday awarded. Inc
respondents plea was that the omission In the
smrndstory act was unintentional, both on the
part O. the General Assembly and the patron OF
the smendatory bill In the meantime al other
companies obtaining charters from courts have
voluntarily paid tho tax, tho Attorney-Senerai
having instructed the Auditor 70 receive no cnar-
ter tar under conditions OF protest. The deci-
sion Of the Supreme Court In this particular case
was that court charters we're not sub1oct 70 TAI,
bu. its effect is circumscribed and rendered lns
operative as 10 the future by the TACT that the
General Assembly OF 1922 passed an amend
ment to the amendment Of lSso-'p0, which cor.
rected the error In the Inter nnd subjects Gil
charters, whether legislative or civil, TO tax.
OTHER CAsys DECIDED.
The other cases decided were:
English against Powers. From the Circuit
Court OF Culpeper. Anirmed, Judge Lacy de-
lvering the opinion.
Justice against the City OF Petersburg. From
tho Corporation Court OF the city OF Petersburg,
Judge Hinton delivering the opinion.
Connecticut Fire.lnsurance Company against
lilly. From the Circuit Court OF the city OF Nor
folk. Reversed, Judge Lacy delivering the
opinion.
Slaughter against Depmsad Brothers. From
the Circuit Court OF King William county. AZ
frnod, j Judge Lewis delivering the opinion.
FURTHER PROCEEDINGS.
The case of Miller against the Commonwealth,
motion for a rehearing, was argued by MI. Lig-
gett, Of Rockingham, Tor the plaintiff In error,
and Attorney General Scott for the Common
wealth. The Is the case involving the 1urfsdic-
ton Of Justices OF the peace and police Justices
and the effect Of the decision OF the court as IL
now stands is to increase enormously the crlrni-
nal expenses OF the Commonwealth. The At
torney.General Ia said 10 have mad- one OF the
finest and most earnest speeches he ever deliy-
cred in arguing the case yesterday.
Norfolk and Western Railroad Company
against briggs. Rehearing granted.
Norfolk and Western Railroad Company
against Galliher. Writ Of error and supersedeas
awarded to judgment rendered by the Corpo-
ration Court OF the city OF Bristol at tho July
term, 1891.