Clarke courier. [volume] (Berryville, Va.) 1869-1997, 1900-04-04
The Parks Bill Void


st Richmond gave its decision, de
cisring the Parks vzlnstion bill null
and void. because it imposed an sp-
proPiation upon the Treasury, and
because the journals of the two
Houses OF the General Assembly fail
ed to show that it MAS passed by q
constitutional majority. Thus =
quietus has been put upon the per
nIcious doctrine that lis offices msy
be CREATED, and fees allowed sppoin.
tees, without so much a. = roll-cnl,
IN either house, Possibly the State
may suffer some present law of rev.
enue by the decision. but it is certsin
the Treasury will De saved from
costly inroads, which would De made
at every Legislative session had any
other view been taken.
In short notwithstanding many col
lateral questions raised by counsel,
the Court found the bill repugnant to
Section IL, of Article Y of the State
Constitution. This section in uue-
quivocsl terms, declaes that "everv
set which imposes, continues, or re-
wives any appropriation of public or
trust money or property, or releases,
discharges, or commutes any claim,
or demand OF the State. shall be de-
termined by al ave and no vote of
each House of the Legislature. 1"
Such vote Was taken neither IN the
Senate nor IN the House, aud the
first mentioned body, upon realizing
II had passed the bill without con
forming with the constitutional re-
qulrements, vsinly sought 10 undo
Its hssty action
The point was raised that while
the bill might be unconstitutional 10
part Il nevertheless contained fea-
lures which should be allowed TO
stand. 10 other words. the LAWYERS
who contended for the bill hoped
that at the worst its main provisions
might be maintained, even though
they had 10 trust to further legis
lation to patch up the portions shat.
tered by an adverse decision. This
dOctrine ss 10 statutory construction
Is recognized principle in the law,
under certain circumstances, but
fortunately II carried no weight I'M
this Instance. The court WAS OF
OF opinion that the whole measure
Vac tainted with uncoustitutIonulitv.
and that no part of II could escape
this criticism. IL had to sink or
swim IN Its entirety, AMI We are pleas
ed 10 cay II sank.
be order entered by the court
is as follows:
And the court being of opinion
that the act Of the General Assembly.
entitled All act 10 provide for the
appointment of commissioners IF
valuation, aud defining their duties
approved March 3, 1900, carries
with 1t an appropriation of public
money. and that section IL, Article
y, of the Constitution of the State
provides that upon the passage of ev
cry such act the vote shall be de
termined by ayes and noes. and the
names of the persons voting for and
against the same shall be eutered on
the journals of the respective houses.
and n majority of all the members
elected to each house shall be nee
cessary TO give it the force of q law:
aud 1t appearing from the record
that the vote was not taken and en-
tered rs provided by said section:
aud the court being of opinion that
II cannot separate so much of the
act as sppropriates money. and hold
ing 1t to be bad while maintaining
the validity of the rest of the law.
but that not having been passed AS
required by section IL, Article Y.
above quoted. that no part of the
act has the force of law.
"And it appearing to the conrt
that the act aforesaid is null and
void hv reason of it's repugnance to the
Constitution OF this State. therefore
II is considered nv the court that
the said W. F. Lambert is illegally
detained in custody. and it is ordered
hat he he discharged" Richmond