Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-05-24
Especial to the virginia. -Pilot.)


day by the Supreme Court in the case of
Theophilus White v. State Auditor and
Treasurer. This case and decision is of
such Importance as to DC worthy of
careful consideration, as it for the first
time in history reverses the action OF
the General Assembly in matter clear
ly within the province of the latter
body. In effect 1t orders the State
Treasurer to pay a claim that the Leg
islature has ordered him not to pay.
The plaintiff White was appointed by
the Governor chief inspector of the oys-
ter Industry, under chapter Is, Laws
1897. Chapter 10, Laws 1899, attempt
ed to abolish the plaintiffs office of
chief Inspector by creating the office
OF shell-iisl commissioner, and provided
that the salary of such commissioner
should be $500 per annum and travelling
expenses, etc, which amount was less
than that allowed as Il salary for chief
Inspector" and chapter Il, Laws 1899,
provided that the State Treasurer
should mot pay compensation to any
persons claiming the same for services
rendered concerning the shel-tish in
dustry unless such persons are author
lied to render such services under the
provisions of chapter 10, Laws 1899.
The Supreme Court decided in White
v. Hill, at last term, that chapter ~.
LAWS 1899. could not have the effect OF
ousting plaintiff from his office, and
that he was entitled to hold the same
against the "shell-hsh commissioner"
created under the act of 1899. The
auditor refused to issue the plaintiff Il
warrant for his services rendered rs
chief Inspector since the passage Of
chapter 81, Laws 1899, claiming that
said act prohibited him from issuing
such warrant, and the plaintiff brought
action for a mandamus to compel the
auditor to issue the warrant and the
treasurer TO pay the same.
The ruling of the Supreme Court
holds that the plaintiff shall receive the
salary provided by the act of 1899 for
the shell-hsh commissioners, but since
the passage OF the latter act he cannot
claim the amount of salary that was
formerly allowed him as chief inspec-
tor
Judge Furches and Judge Douglas
concurred in their opinions Judge
Montgomery concurs In part and dis
SCENTS in the main point of the case.
Judge Clark strongly dissents Chief
Justice Fairdoth has nothing to say in
the case.
ASSERTION OF VAST POWER.
Near the conclusion OF his lengthy
dissenting opinion Judge Clark says:
lic dSSclllOll OF SuSn vast power 10y
the court over the operations of the
legislative department challenges its
denial by that department. Should the
treasurer under the legal advice deem
the action Of the court in excess of its
Just constitutional powers, will the
court put him in jail for disobediencc?
Should the Legislature whose action
in forbiddinS payment the court treats
as unconstitutional because impairing
the vested constitutional rights of an
oilFccr To receive salary, return to
complainant by-irUtdirgg urrv0rT. = ic-7.-
al the action OF the court in assuming
jurisdiction over the public treasury
what then will be our condition."
VANCE STATUE UNWILLING.
Mr.. r. II. Battle, &C this city. has ac
cepted the invitation to deliver the ad-
dress ON the occasion OF the unwilling
or the memorial in bronze TO the late
Senator Zebulon b. Vance.
The invitation was unanimously OK
tended to Mr.. Battle without his knowl-
edge by the members of the legislative
ana Vance memorial committees tha
last of which Mr. Battle is a member
The selection Of Mr.. Battle gives gen
eral satisfaction. as ne enjoyed a par-
ticularly close relationship and oc-
Quaintanse with North Carolina's erca +
son. He was private secretary to tho
late Senator Vance during his term ~
Governor.
While it can not be finally stated. the
unwilling viii likely take place July 4
ANTI-sPITTING LAW.
The City Aldermen of Durham held
meeting Monday night. and anon >.
other ordinances passed was one agai,e,
splitting on the sidewalks 1t is soid
that this was done in the interest of
the ladies. whose long dresses sW,ent
IanOiIrl1 dirt Ili,ri- tt.t.J
ing added the stain of tobacco Juice on
their dainty garments. This ordinance
goes into effect June 1. The Council
also ruled to impose fine upon all per-
sons throwing banana Feelings peanut
hulls or Ike substances upon the side
walks. These ordinances were unex-
pected, ana are the subject of much
criticism today pro and con.
FIRE At GREENSBORO.
Mir j. Van Lindley. proprietor of the
nurseries at Pomona, near Greensboro
had serious loss by fire Monday even,
ing. Ills barn and stables. which were
situated not far from his dwelling took
fire and were entirely consumed. There
were fourteen horses In the stables and
number Of vehicles in the sheds at
tached to the barn, which were saved
The loss ~ estimated to be $1,000, which
is covered by insurance.
VETERANS REUNION AT MOUNT
AIRY.
Several thousand people attended the
Confederate Veterans reunion at Mount
Airy Monday. Dinner and other res
freshmerts were served TO all ard the
old soldiers and others in attendance
after most eloquent address deliv-
cred by s.. p. Graves, Esq, in the alb
SERGE of Col. Julian S. Carr, who was
to have been the orator of the occasion