The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-31
SUP RENE COURT
GIVES OPINION
Declares Commission Of
Valuation Act Invalid.
NO RECORDED VOTE.
This Was an important Oversight on.
Legislatures Part.
OPINION BY JUDGE KEITH.
The Law is Declared Null and Void
on Account: OF Its IscpuSnancc to
the Constitution, and lambert
is Ordered to DC Discharged
E'rom Custody OF the
Alexandria Officers.
& =. s #.aE q .
OPINION BY JUDGE KEITH.
The Law is Declared Null and Void

In the Supreme Court yesterday q Lrani-
nous order i'll the Commissioner OF Val
Eution case was delivered. The order was
read b. Judge Keith. The distinguish
ed visitors present were: Judge +. e..
Minor, Conmonwealths Attorney D. Z.
Richardson, Judge James c. Lamb. Hon
Isaac Diggs, Mr.. Hill Montague, Mr..
Wyndham r. Mcredi TIL, Mr.. james Lewis
Anderson II on. Conway Il. Sands, Col.
Thomas Whitehead, Dr.. j. w. Southall,
Mr. wv "A. Townes. Mr. James w. Cor
don, Mr. John Garland Pollard, Mr.. Hill
Carter, Judge Geo. l.. Christian. sAttor-a
ney-G Gcneral Montague, Major Charles :.
Strinsfellow, Hon. B B. Munford, !Mr.
Evan r.. Chesternan. Mr.. T. w. Gardner.
Mr. Rcbt. Y. Maryc. Mr.. Overton HON
ard. Mr. j Ohm Jackson and others
The case that was chosen for the test
was that of lambert VS.. Barley, OF Alex
andria In this case Mr.. Lambert VINO Is
assistant cashier of the Citizens National
Bank OF Alexandria, declined to answer
certain questions asked by A1r. Barley,
who had been appointed Valuation Com.
missioner for that city. Mr.. Lambert
was, on q warrant, arrested and, on.
habeas corrus proceedings was releaseo
on an order from the Supreme Court.
ITO appear before that tribunal when
wanted.
FOUR: TEST CASES.
There were three other cases embraced
3insEt!,e test one from Richmond: one
from 4 Norfolk and one from Newport
News. All phases Of the question were
embodied iii these cases.
This decision. as TO the #constitutionaiity
of the law, OF course, annuls the leSailty.
Of the various appointments that have
been made as to commissioners.
It will be remembered that the bill was
na ssed both Houses of the Legislature
without recorded votes end wiel nttle
consideration, and when the question as
TO the effect of thtt law vas pointed OUT,
4 large number o.. legislators presented
to the Governor Il petition. ASKING t',tie l. I I
he veto the measure. The Governor dc
clined to do 50. and the bill was :, ,sneu: =,
Then the board created by the bill 10
make t,e anpointments begun its work,
and about eighiy-five commissioners were
chosen. The board embraced the Audi
tor rhe Treasurer and the Second Audi
tor.
Leading LAWYERS throughout the state de-
clared the law uncons titutional and steps
we're at once taken TO test it, with some
os the most brilliant legal lights e on
both sides. The results now known. Inc
order Of the Court follows:
TENT OF THE ORDER.
...IIpon a petition for a writ of habeas
corpus: And the Court being Of Opinion
that the Act of the General Assembly en-
titled AN act to provide for the appoint
mentmcnt Of Commissioners of Valuation,
and defining their Duties. approved March
5th. 1900 carries with it an appropriation
Of ,,ublc money. and that section II, ar
ticle 10. Of the Constitution of the State
provides that upon the passage OF ev-
cry such act the vote shall be determined
by ayes and noes, and the names OF she
nersons voting for and against the s1me
s,,a II he entered upon the Journals of tho
respective houses. and majority OIL ali
The members elected to each house shall
be necessary 10 give it the force of a
law, and it appearing from the records
that the vote, was not taken and enter
ed. as provided by said section; and the
Court being of opinion chat it cannot
separate 50 much of the act as appropri-
ates money and hold it 10 be bad. while
maintaining the validity of the rest o.
rhe law. hut that not having |een passed
as required by section II. article 10. above
quoted. that=no part Of the act has 3c.:s
force Of law.
..And it appearing to the Courts5th;'
the act aforesaid is null and void by rea'
! son of dts repugnance TO the Constitution
| Of this State. therefore it is considered .! Q!
tre Court. tia t the said w. f. Lambert is
| Illegally detained in custody, and It. IS
so,,serea that he be discifa rged.