The free lance. (Fredericksburg, Va.) 1885-1926, 1899-08-08
To Test the Land arabterc' Law.

Culpeper, Va, Aug State Sena-
tor John l. Jeffries filed last week with
Hon d A. Grimsley, Judge Of this
circuit, a petition for mandamus.
which, should it be granted and sus-
tanned, will effectually put an end to
the operations Of the land-grabbers
The petition asks that the clerk Of
the county court Of this county be com.
PEELED to receive certain taxes which
have been rendered the clerk by B. +.
Rowles, for the purpose OF redeeming a
tract Of land which had been sold to the
Commonwealth for delinquent taxes,
and which had been applied for by Mr..
W. + SWAMI, Of Powhatan county.
The point made in the petition is, that
both the acts Of January goth, 1896,
known as the First Land Grabbers
Act, " aud Of February llth, 1898. the
present land-grabbers act are unconsti-
tutional, not having been passed in the
manner prescribed by Article 10, Sec
tion II Of the Constitution, providing
for recorded vote upon the passage OF
every act (which releases, discharges
or commutes any claim or demand Of
the State "
The petition shows that prior to the
passage Of the frst-named act, the
amounts necessary to be paid for the
redemption or purchase of lands which
had been sold to the Commonwealth,
bore 10 per cent. interest; whereas I'M
der these acts the amount to be paid
only bears six per cent interest
The allegations Of the petition set
forth that prior to 1896 the amounts re-
quired to be paid either for the pur.
chase under section 666, or redemption
under section 664 of the Code, of these
lands, bore 10 per cent. interest. By
the amendment of section 666 and by
the amendment Of section 1884, passed
February cath. 1893. the rate of inter-
est was reduced to per cent Neither
of these three acts ever received con-
stitutional vote in the House Of Dele
gates.
Reference is made to the opinion OF
the court of Appeals in the case of
Christian VS.. Taylor, Clerk 3lst s. E.
Rep. 905-in which the court holds that
the act of February 18th, 1893. is an act
simply "a general law for the sale of
lands the State had been compelled to
buy as a means of realizing her delin-
quent taxes, and when said taxes are
realized by the contemplated sale, they
are like all other taxes, paid into the
public treasury.
The petition insists, that such being
the construction placed upon these stat
utes, any reduction in the amounts
which the State. by their passage.
agrees to accept in discharge Of these |
taxes, is to that extent, release and
discharge Of the States claims or de-
maui, anu 40 eHCso laws hpply w 0nAOo /
already accrued, they affect existing de-
mands of the State
For example," says the petition,
suppose on the day prior to the pas
sage OF the act Of January cath, 1896,
the amount necessary to redeem or pur.
chase AS land which mad been pre-
viously sold to the Commonwealth was
300, $50 being principal and $50 inter-
est, (interest being calculated at 10 DER
cent } the day after its passage the
demanded by the State Of its
purchaser. and for which she would dis
,harge her claim, would be only $50;
10 that in that case the State would abb
'olutely release and discharge $50 of its
demand, and thus would commute its
,laim.
Judge Grimsley has set the case for
fearing for Friday, August 18th, and
hr. Jeffries will notify Mr.. SWANS
,ounselin order that the case may be
ul1v haard