The times. [volume] (Richmond, Va.) 1890-1903, 1892-03-18
ROBINSON MUST HfNG.
Supreme Court Decision-The Railroad Must
Pay Taxes.

Pay Taxes.
In the Supreme Court of Appeals an opinion
was delivered yesterday in the case of Robin
son against the Commonwealth The case
came from the Corporation Court of Lynch
burg. and the Judgment of that court WAS al
frlned. Judge Lewis delivering the opinion.
The prisoner was indicted by special grand
Jury ut the September term. 1891. for the muir
der of Mollie Davis. The September terra. as
the record shows, is not a regular grand jury
term of that court Accordingly upon
his arraignment the prisoner moved
10 quash the indictment on these grounds -
viz. that the indictment ought TO show on its
face that il was found by q special grand
Jury: that it ought likewise 10 show that the
grand jury had been summoned IN pur-
suance OF an order of the court and that this
order ought l. appear ailrmatlyely by the
record 10 have been made. The motion 70
quash was rightly Overruled by the lower
court, as was decided by the Supreme Court
OF Appeals Several exceptions were taken
by counsel Of the prisoner IN regard 10 the
empanelng OF the jury who tried the prls-
oner, but in each instance the lower court
was upheld, and the result is that tho
judgment of the lower court, sentencing the
prisoner to be hanged must be affirmed.
Another opinion was delivered by Judge
Lewis. in the case of Whiting and others
against the town Of West Point. This was
petition for mandamus by c. T. Whiting
and others, taxpayers ~ the town OF West
Point, TO compel the town council 70 assess
taxes for CORPORATION purposes on the proper
fy OF the West Point Terminal Railway and
Warehouse Company. On June 10, 1882. an
ordinance was passed eXempting the
property of the company so long as II
should keep its principal Office IN
Virginia within the corporate limits
OF the town. THIS ordinance was repealed on
June 2. 1870 but was afterwards revived ana
Te-enactedn by an ordinance passed on sep
tember T. 1890. The principal ground upon
which the writ was prayed Tor was that the
exemption WAS unauthorized and VOID. Inc
real question in this case IS whether muni-
cipa corporation has the inherent
power 10 exempt from taxation any pro
perty which BY its charter 1t Is authorized 10
TAX. The town of West Point. by the l4th
section of its charter. IS authorized 70 tax al
the real and personal property IN the town,
and by the following section II Il made the
duty OF the town council annually 10 app III
an assessor whose duty II IS TO assess all
personal property and all improvements put
upon real estate IN the Town since the l4st
preceding assessment. Nothing Is said IN the
charter about making exemptions. The Court
therefore decided both upon principle and
authority, that the corporation has no
mower TO make such exemption. The Court
IS of the opinion that the petitioners
are entitled b. the writ To hold that a mu-
uicipal corporation IN Virginia inherently
possesses the important and resp nsible
power cOntended Tor by the detendents
would be Il decision traught with mischief.
The circumstances Of this very case are at
least suggestive of the liability 20 abuse Of
such power in such hands 1t appears that
OF the seven members OF the council when
the ordinance restoring the exemption IN
question was passed four were employees OF the
Terminal Company. The latter all voted for
the ordinance. whilst those not SO employed
voted against Il. The result was 10 relieve
the company OF the burden Of tax on pro-
perry assessed al 10. $50 10. thereby TO that
extent increasing the burdens TO be borne by
others. Although the court does not intend
by these remarks 10 reflect upon the council
or any one else, yet. the facts mentioned ought
to serve as warning against establishing 4
doctrine IN this State that has been wisely
rejected by other States.
The judgment of the court is 10 award the
writ as prayed for In the petition: Judges
Lacy and Richardson dissenting
The other opinions delivered yesterday were
as follows.
Binns, administrator. against Richmond
and lanyille Railroad Company From the
Circuit Court Oh the city OF richmond. Al
tirmed. Judge Lacy delivering opinion.
Beverly against Beverly. From the Circuit
Court OF Wise county. Reversed. Judge
fauntleroy delivering opinion.
Virginia and tennessee Car Steel and Iron
Company against Wilder and others. From
the Circuit court of Washington county.
Reversed. Judge Hinton delivering opinion;
Judges Lacy and Richardson dissenting
Roaicap against Commonwealth. From
the Circuit Court Of Rockingham county.
Reversed, Judge Fauntleroy delivering opln-
ion.
Richardson against Farrar. judge Pc
titlon Tor rehearinC fled
The Bette Lewis-Thomas case was further
argued by Colonel W. W. Gordon for sp-
Delles and continued until to-day.