The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-04-30
MAUPIN Law ALL RIGHT
The Court Of Appeals uBholds It's cynstl-
tutlOnallty in All Its Important Features,
THE TITLE OF THE ACT NOT DEFECTIVE.
Judge Keith I'm Treating the subIecs,
Said That Pool Selling fs fhe Only
Form of rambling the ActlPro.
hibits, and That II Was Not RspuE-
nnni 10 she Constitution.

Richmond. Va. April 2s.--The Court
OF Appeals to-day passed on the con-
stitutlonality of the Maupin ant!-gamb-
ing act upholding II in all of Its ma,
terial features. Richard NJ. Lacey, The
man arrested for violating the law, was
ordered to be discharged from custody
on the ground that the Justice erred ii,
committing him to JAN for trial at the
county Court. Lacey sued out a writ OF
huDeas corpus against Palmer, Sheriff.
ana ex-oiticlo jailer of Alexandira cour-
ty. alleging that he was unlawfully held
prisoner. EZ534
ne counsel for the prisoner contended
.n'' .t ,he Maupin law was repugnant to-
the Constitution of Virginia which re-H
uu!res the title Of an act to embra re oniv.
one oo)ect; that II was repealed by Inn
plication, by another and somewhat simi.
iar ACT, approved about the same time:
lhat IL was repugnant to the commerce.
cause or the constitution of the United
states: that the warrant was vague and
indefinite and failed to state precisalv
What the prisoner was charged with; and
that the Justice should have fixed thei
punishment, instead of committing thes
man for trial by the County Court.
Judge Keith, presiding cf the court K
reno me opinion which treated the whole
subject at some length He held:
First. That the title of the act mo.
not defective but that pool selling 10
me only form of gambling the act prn-
hibits. az pio- po
Second. That there was no repeal by
implication ~
In!Ed. That the act is not repugnant
10 the Constitution of the United Siofas@
as the States have the right to erarc,sa,
their police powers for the proteotton os
morals ana thep reservation of good
order. ~ sosu
Fourth. That the warrant wac not.
uelectiVe. but 1t would be better pran-
.ice 10 state offenses with more praci.s
i,'.., ,o. riah was done here, especially as
Justices are clothed with original iuris-S
diction to try misdemea nors
Other decisions were: BY Judge Keith
hudson VS.. Commonwealth. County
Court of Wythe. reversed.
by Judge .Rlely-No,ris VS.. Jonea
chahcery Court of Richmond, affirmed.
By Judge MISUNDERSTANDING. etc Us
Fletcher Brother. ct. al. Circuit Conrf
or Fauquier, reversed
International Fratenal Alliance va.
Nayre, Auditor. upon petition for q
inandamus. mandamus awarded %
Hurt and Adams VS.. Miller et ais.
Circuit Court of Russell County. an,
peal and supersedeas; bond $1,000
Hudson Va. Commonwealth, Circuit
Court of Wythe county, writ OF error
awarded.
Osborne VS.. Pulaski Light and Water
Company. Circuit Court of Pulaski
county. writ Of error awarded; bond
$780,
Morcade Edwards VS.. Cannon. Law
and Equity Court of Norfolk city, writ
of errer refused
Woodson VS.. Ford, Law and Equity
Court OF Richmond, writ of error re-
fused
Samms administrator .vs. Norfolk
@ ana Western Railroad Company. Cir
error refused. @
May VS.. Commonwealth, County
Court of Wise county, writ of error
refused.