Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-09-21
A FARMERS JAUNT.
TWENTY FROM VIRGINIA WILL
TAKE A TnIp TO NEBRASKA.
THEY GO TO STUDY BEET-RllSlNG
The, WIN He the Guests Of the Pro-
icctor of the Proposed Deet-sue"r
plan, Near FrcdericIssburg-cn
toll Notes.


toI Notes.
Commissioner OF Agriculture Koinei
and about twenty other farmers OF VT
GINA will leave this week or next ioi
Grand Island. Neb.,. FOR the purpose OF
spending a week or ten days IN that To-
cality studying the culture Of the sugar
beet.
The party will be the guests Of Mr.. D.
T. Spencer. who eontemplates erecting
a beet-sugar factory near Frederichs-
burg. Mr.. Spencer has recently pur-
chased the snow Hill farm, Few mites
distant from Fredericksburg, and VIII
erect thereon a large beet-sugar pant
II he can induce the farmers Of the neish-
borhood 10 raise the beets. The trip 10
Nebraska is planned by him with a we"
IN giving the farmers ideas regarding
the culture OF the beets and the meiho9s
Of handling them after they are raised
The farmers will visit the factory at
Grand Island and VIII also spend CON
siderable time on the farms. Observing
methods OF culture and the ieeuihS VI
the pulp. or resduum, 10 stock
The frip will be made by way OF Chl-
cago and Omaha. Stops will be made III
both cities. 10 enable the farmers TO
visit the stock-yards.
MIR. Koiner Is anxious to have virginia
farmers engage in beet culture, pIoV'ueu
n can be made profitable. He thinks 1t
can be. Secretary Wilson. OF the United
states Department Of Agriculture, tod
him a few days ago that he had raised
beets az Il cost of 81 per ton and s0ld
them for s. per ton. The pulp Is said 10
be very valuable Tor fattening stock
Secretary Wilson said he had seen cattle
ear IL with great relish after 1t had been
out in a heap for three years.
NE GRIMES BATTERY CASE.
The following is the text of the opinion
of Attorney General Montague in tho
Grimes Battery case, given at the re-
ouest OF the Auditor of Public Accounts
The opinion has just been made pubic
though the Auditor several days ago re-
fused TO pay the battery for services
rendered at ocean View during lhe
prevalence Of yellow-fever at the Ma
tional Soldiers Home, near Hampton
The opinion is as follows: o
Richmond september IA. 1893.
Colonel Morton Marye, Auditor Public
ACCOUNTS.
Sir.-I have been unable to consider
earlier your recent reference Of the ac-
count OF Battery c, First Battalion Ar
tillery. in the sum OF N,3G.S6, and your
request for my opinion as TO your au-hor-
fly 10 pay the same.
The order calling forth the battery OF
artillery is issued by the Mayor OF Ports
mouth 10 the commandant Of the battery,
and commands the same ito parade at
Ocean View. Va, on the LIST day OF Au-
gust, 1899 then and there TO obey such
orders as may be given according 10 law.
Thus you will observe that this order |
the battery TO aid the civil |
not within the territorial Ju- |
rlsdiction Of Portsmouth, but some nine
miles distant therefrOm, at Ocean view, !
I'm the county of Norfolk 1t further ap-
pears that In pursuance OF TINS order the !
battery did very efficiently aid the quar-
antine patrol at ocean View In prevent |
ing the landing of persons from the in |
fected yellow-fever districts In and |
around the National Soldiers Home, near |
Hampton.
Whether this Is the class OF civil au- |
thorties competent TO receive the mill
tary aid provided for in the statute IS, |
from my point of view, needless TO con-
slider; for the larger question as 10 the |
of the Mayor to issue any CT |
der al all requiring the aid Of the mill J
tary at a place beyond his territorial jul |
risdiction must first be disposed Of.
Section 36S Of the Code provides, in GER |
tain cases. that 'it shall be lawful for |
the sheriff OF any county, or the mayor |
Of any city" 10 call upon the command |
ant Of any division. brigade, regiment, or |
and it shall be the duty OF |
such officer upon whom such call is |
made. TO order out, i'm aid of the civil au-
thoritles, the military force. or any part |
thereof, under his command" What civil |
authorities are here meant? Manfestly |
the civil authorities of the county of such |
sheriff, or Of the city OF such mayor.
The form of the summons from the |
sheriff or mayor to the commandant, |
which is prescribed in said section, i'm |
terms requires that the requested aid |
must be given within the county or city |
Of such sheriff or mayor. Besides, the |
Mayor OF Portsmouth is functus ofiicio |
beyond the territorial jurisdiction Of his !
lily. SO likewise are the civil authorities |
Of that city without law or authority TO |
perform quarantine patrol at Ocean |
View, q place clearly beyond the terri |
.orial Jurisdiction of their city.
Such so-called civil authorities had TO |
egal existence at ocean View, and, there
tore, there were no civil authorities to
DO aided by the military. The Sheriff of |
Norfolk county, OF his deputy, was alone |
auth 70 Issue an order for such |
nli3tary aid within his county. and |
neither Of them issued such an order or
united I'm tina order of the Mayor of |
Portsmouth.
From these considerations It seems |
slain that neither the sheriff of a county |
DOR the mayor OF city has authority |
inder our law to order out troops TO per-
form service in any other county or city |
Within the Commonwealth, and, there
tore, the order in question and the SER
vices hereunder performed are wholly |
without lawful warrant Consequently,
n that both the order and services are
Illegal, / am OF opinion that there are no
present funds In the Treasury available
% pay the account i'm question
As 10 the merits Of the claim have no
,hicial concern. That these officers and
men SHOULD be paid for their services.
in good faith / take II no one
will dispute But this is the province of
he Legislature. l have only to construe
he law, and as l understand IT the dis
Dursement Of public moneys must be in
strict conformity TO public law.
Very respectfully.
A. j. MONTAGUE.
Attorney General.
CAPITOL NOTES