The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1895-03-03
THE TEMPLE OF justice
Demurrer 0verruIed in the Veil
lines Damage Case.
WHARF CHARGES ILLEGAL.
Judge Martin Renders an Important
DECISION in the Test Case,
Which Will Likely to Go
TO the Court of
Appeals.

Several very interesting cases have
engaged the attention of the Cor
pOratlon Courts of late, the most i'm
portant case possibly bcIng the test
case made by the merchants to re.
sist the collection of wharf charges
by transportation companies.
WHARFAGE CASKS.
Judge Martin rendered his deci
sion III the case made TO test the
right OF transportation CONF anies
to churge wharfage aud declares hat
such charges are illegal, and orders
that the cause be referred to one of
the commissioners TO take aud re.
port an account showing what
amounts have been paid by the
plaintiffs to the defendant company
on account of wharfage, together
with any matters specially stated,
deemed pertinent by himself or re-
CURED by any of the parties to be
specially stated. And said commits
sioner Is required to report all the
evidence taken by him touching the
foregoing account and report, aud
the parties, plaintiffs aud defendants
commissioner all books, entries, &C.
counts, receipts and other evidence
III their possession Whlch may be
necessary III making up aud report
ing SAID account or which may be
required by him or by any OF the
parties.
And it is further ordered that
sald commissioner notify the par
ties, plaintiffs and defendant, or
their counsel Of record, OF the time
and place of taking the account
herein directed To be taken, aud all
other questions are reserved.
The plaintiffs Ill this action claim
that they have been compelled to
pay Wharfage charges, and the or
der OF the Court requires au ac-
counting which will graut them the
relief that they ask in the direc-
ZION of having such sums refunded
to them.
THE vELLISES CASES.
Judge Martin overruled the de.
murrer in the case of Vellinas
against Police Commissioners Yer.
der and Bolton. The defendnuts-
'eroier aud Bolton-ciaimed that
Neillnes was not faisely imprisoned;
that he had committed misde-
meanor for which he could be ar.
rested by the officer who saw such
mlsuemeanur committed.
1t Will be remembered that Capt,
Nelllnes was arrested by order OF
Police Commissioners Nerdier and
Bolton for wearing his uniform on
the street alter the Commissioners
had taken their action 10 remove
him, which was done without the
concurrent action of the Council.
For their alleged illegal action
Capt. Nelllnes brought suit to re-
cover $40, 600 from Messrs. Yerdler
and Bolton for false Imprisonment.
Judge Martin heard argument in
the suit OF Nellines vs. the City OF
Norlolk Tor SlSI, tie amount of sal
AIRY which Nelilnes claims as Captain
OF Police from the time that the
Po!!ce Commissioners attempted IL
legally to remove him and the time
that he was removed according 10
law. The Judge took the matter
under lderatlon and viii render
his decision later.
toHfofAIlON COURT.
Judge Hanckel set aside the YER
Diet OF the jury in the case OF Har.
rlson Brown W. High Constable
Haynes, rendered on Sth OF Febru.
airy, for any excessive levy.
he verdict OF the jury III the case
of w. j. Shepherd vs. Mary Law
renee. unlawful detainer, rendered
on the 9th OF February for the de-
tendant, was also set aside.
POLICE COURT.
Eliza Parker was fined 81 and
Costs for using profane language.
William jackson, white, for
breach of the peace. was fined 81
ana costs.
Peter Williams, colored, was fined
$500 for breach OF the peace.
Arthur Scott. colored, was fined
81 aud costs for breach of the
peace.
Moses Driver, colored for commit
ting an assault. was fined SO and
costs and sent to jail for thirty DAYS.
Death OF n Faithful "Id Horse.
w hat wQs nrnholIt,