Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-03-29
Commissioners Of Valuation Law
Before the Supreme Court.
ARGUMENT PRO AND CON
Senator Daniel Makes Great Speech In
Opposition to tho Law and Is Heard by
Tho Court With Close Attention and Ev-
ident Pleasure IIo Declares That tho
Law Was sim Born and Never Breath
cd Day of Lifo-othor Matters OF
Interest.
Especial to virginian-PIlot.l

Especial to NirSinian-P ilot.) q
Richmond. March 2S.-The fight which
many hope will result In the death OF
the law authorizing the appointment
of Commissioners OF Valuation began
this morning before the Supreme Court
OF Appeals of Virginia. The courtroom
was we'll filed with Interested auditors
and strong array OF legal talent was
present. There were only two speeches
made on either side. Colonel Francis.
l.. Smith, of Alexandria. opened for the
petitioner, w. Frank Lambert, cashier
of the Citizens National Bank of Alex
| andria, whose case had been selected as
the test.
Colonel Smith was followed by Attor-
ncy General Montague and Mr.. Hill
Carter for the Commonwealth, while
Senator John w. Daniel closed on be-
half OF the petitioner.
While all of the arguments adduced
were able, the address of Senator Dam
lei was Irresistible. The honorable court
heard him with the closest attention,
and with evident pleasure.
THE OPENING ATTACK.
In opening the case for Mr. Lam
bert, Colonel Smith reviewed the law
the reasons of the making. its provi-
sions ana the inevitable results. Colo
lowing the appointment of Colonel Bar
ley Commissioner OF Valuation for ALL
eNandria his demands on Mr.. Lambert
TO make q statement as to the deposits
Ior certain depositor in his bank,
which. on refusing TO do Mr. lambert
was arrested, sentenced and imprison-
ed. 7771 ~
Colonel Smith declared that the law
was unconstitutional, because no re-
corded vote had been taken, and was,
thPrnfnra
the law provided for appropriation from
the public treasury and was inquisito-
rial. Il
FOR THE DEFENSE.
Acknowledgement Montague followed
Colonel Smith. His principal conten-
ton was that the law was not ,ncon-
stitutional. That in no instance had
any appropriation been made or pro-
vided for. and therefore no recorded
vote was necessary. He said:
The evidence relied on by our opno-
nents TO show that the act, the validity
of which is questioned, was not passed
IN the manner required by article 10,
section IL of the Constitution OF Eir-
Sinia, arc the extracts from the Jour
nails of the House OF Delegates and of
the Senate. which have been excepted
TO by counsel for the Commonwealth =
as incompetent TO show that any for
mality, which WAS necessary 10 the
NaiIultS o. tne ACT, WAS omitted. The n
dft1C1c JUST TcrtTTCIt 70 provides thur
"On the passage of every act which
imposes. continues or revives any ap-
preparation OF public or trust money or
property or releases or discharges Or
commutes any claim or demand of the
State. the vote shall be determined by
ayes and noes and the names OF the
persons voting for or against same
shall be entered on the journals OF the
respective houses, and a majority OF i
all the members elected to each house
shall be necessary to give 1t the force
of law
rolled bill. duly signed by the presiding (,
officers OF the House and Senate. and
approved by the Governor. and submit
to the court without further comment
or argument the question whether the
presumption as to the act having been
properly passed which arises from
what we have shown. Is not conclusive.
The journals of the House and Senate
are silent as to the number of members 3
of the respective bodies who voted for
or against its passage, are silent as to
whether the ayes or noes were called.
and II would. we submit. be going yerv&
far to hold that the burden was on the &
person claiming the law to be valid to
show aflirmatvely that 1t was property =
passed, after II had received the Sane 3
ton and approval of both houses of {tbe
Legislature and OF the Governor The
statement in the resolution passed nv
the Senate on the Monday following
the passage is excepted to. and Is. We
submit, not evidence of any fact therein
stated" .z,
Mr.. Hill Carter. who followed Mr..