Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1900-03-31
ALEXANDRIA, GAZETTE AND VIRGINIA ADVERTISER
THE VALUATION ACT.

The VALUATION ACT.
As stated in the Gazs site of that date
by unanimous vote the Court of Ap.
peals yesterday decided the tax valua.
ton act constitutional. This decision
is based entirely upon the fact that the
bill did not receive q constitutional
vote. The opinion was read by Judge
Keith, The president of the court.
When the court convened at IL
o'clock the chamber was tbroneed, 80
great was the interest 10 the opinion.
the death-knell of the measure,
which promised lucrative positions to
many persons. was rounded 10 connec.
ton with The hsbeas corpus proceed.
ings Of Lambert vs.. Smith, sergeant, OF
Alexandra, Wednesday, by Col. F. l.
Smith and Senator Daniel against the
measure and Attorney General Monta-
gueand Mr.. Hill Carter for the State.
Judge Keith read the opinion. II
follows:
"This day came again the parties by
counsel, and the court being of opinion
that the act of the General Asse mbly,
entitled An act to provide for the ap-
pointment of commissioners of valus.
ton, and defining their duties,' ap.
proved March 5, 1900, carries with it an
appropriation OF public money, and that
section IL, article 10 Of the constitu-
ton of the State provides that
upon the passage of every such
act that the vote hiIl be de-
termined by ayes and noes, and the
names of the persons voting for and
against the same shall be- entered on
the journals Of the respective houses,
and majority OF all the members elect
ed to each House shall be necessary to
give it the force of law and it appear.
ing from the record that the vote Was
not taken and entered as provided by
aaid section Is; and the court being OF
opinion that il cannot separate so much
of the act as apprOpriates money and
hold it to be bad while maintaining the
validity OF the rest OF the law, but thai
not having been passed as required by
section II, article 10, above quoted that
no part OF the act has the force OF a
law.
"And it appearing to the court that
the act aforesaid is null and void by
reason OF its repugnance 20 the consIi-
tuition of this State, therefore 1t is coll
sidered by the court that the said W..
F. Lambert Is illegally detained 10 Gus
tody aud it is ordered that he be dis.
charged"
Judge Keith then directed that an
order be entered Diminishing all other
petitions on the question of the validity
OF the law without coast. The court
was unanimous.
Immediately after the reading Of the
opinion the crowd in the court room be-
gan to leave and the court adjourned,
The entire session lasted only about
fifteen minutes,
The case went from Alexandria.
Louis G. Barley was appointed and
qualified as commissioner of valuation
10 this city. He went 10 the Citizsrs'
National Bank and demanded of As.
sistant Cashier w. Frank Lam bert what
a certain gentleman had to his credit 10
that bank, and also the amount of bis
personal property.
Mr., Lambert refused to give him the
desired information and Mr.. Barley at
once proceeded to the Mayors office
and swore out q warrant for his arrest.
Shortly afterward Mr. Lambert was ar
rested and arraigned before Mayor
Simpson, who fined the accused the
minimum penalty of the offence, which
is $50.
Mr.. Lambert refused to pay the>ine
and Yves committed, pending an appli-
cation forwarded to the Court of Ap-
peals for writ of habeas corpus with
the result determined yesterday.
The other cases affected by the de.
cision are those of Mr.. Robert V.
Marye, of Richmond, and that of the
business men of Newport News. L.
the case from Richmond, counsel for
Mr.. Ashton Starke and others appealed
Tor writ to restrain Judge Witt from
allowing Mr.. Msrye to qualify as COM
missioner. In the Newport News case
an Injunction was applied for to re-
strain the keeper of the rolls and the
State Printer from promulgatiug the
measure as an act OF the Legislature.
The State Bard OF Valuation Com
missioners have taken u holiday after
their arduous duties for the past sew
eral weeks. 1t will be some months
before they will resume their sessions.
OF the III positions created by the
Commissioned OF Valuation act, the
board had appointed and commissioned
So persons, there remaining only 80 to
De appointed had the law been held
constitutional.
The business men OF this city and all
OF the other cities OF the Slate are de-
lighted at the action of the court in the
case.