The Farmville herald. [volume] (Farmville, Va.) 1890-1934, 1901-05-10
The DI.pen,arr Acf Sci A.lde.


is which the case was ably argued IN
n the decision given was that the tow
IS should be perpetually eajoined fro
h appropriating from It's treasury an
o sum Of mony for the establishment
4 a dispensary, or otherwise undertaken
G to execute the act, and to declare n
4, act null and void in all respects.
D Judge Huudley awarded the in
s junction asked for by the plaintiff
taking the ground that the act is IN
constitutional.
The four saloon keepers Of Farmvil,
ON Wednesday applied to Judge Humid
ley, who was holding court at Cum
berland, for licenses, which, after hear
ing testimony as to the character o
the applicants and the suiiableness oil
their places for the sale of intoxicanti
granted them.
AT the break Of day yesterday morn.
ing the doors Of the saloons were thrown
open after being closed since the night
Of April both.
Judge Hundley's opinion in the case
was expressed as follows:
This is an application by the plaintiff
for an injunction to restrain the Couu-
ell of the Town Of Farmville aud the
Dispensary Board created by an Act OF
the General Assembly Of Virginia
approved February 18Th, 1901, entitled
Gan set to establish Dispensary for
the sale Of intoxicating liquors in
Farmvile Magisterial District, Prince
Edward County, Va, &c.," from put
ting said act in force
The bill attacks the COnstitutiOnality
Of the act in question and points out
numerous particulars In which it il
claimed that II violates the COnstitu-
ton of Virginia and of the United
States. In this opinion, however, !
shall notice the following only,
the others in my opinion not being
applicable TO this ease, viz: "Because II
violates Section ] of Article 10 of the
Constitution of Virginia." which pro-
vides for equal and uniform taxation.
because 10 violates Section rs Of Arti-
Gle 10 of the Constitution of Virginia.
which provides that every law which
imposes, continues or revlves a tax
shall state distinctly the tax, dc. And
lastly because no warrant Is 10 be found
i'm the Constitution Of Virginia for an
act Of the Legislature which cOerces or
requires a municipality Of the state To |
contract a debt, dc. The defendants. |
on the other hand contend that the act |
in question is an exercise of the police /
power of the state for the purpose of |
protecting the public health aud pub |
lIc morais-that In such case the |
powers of the Legislature is unlimited |
and cannot bee controlled by the court
The act prohibits the sale of iutOXi |
eating liquors in Farmville Magisteriai
Dist lot after the lst day of May, 1901,
except 10y the Dispensary therein pro-
vided fOr-Iepeals all laws IN conflict
it the imperative
duty Of the town council To organize
the Dispensary BOard-tO "apprOpraie
from the treasury of said town "A sulli
cient amount To establish the dispen-
sary," and also provides in section 9
Z hat "saId dispensary board shall have
power TO employ attorneys, agent OF
ietectlVes-tO borrow money and tO do
all other proper things not contrary TO
Jaw, in order to carry out the true in
tent OF this act, makes suitable regu-
IatiOns to govern the sale of liquor al
Ihe despcnsary, and then provides fOI
he disposition of the profits Of the
,If D. Ia
state of Nirgiuia-three eighih- 10 the
own of karmville for the purpose oi
and maintaining It's streets
and alleys, aud fhree-eig 10 Farm
lille Magisterial District, outside OF the
corporate limits Of the said town, for
Is public roads.
Numerous authorities, bearing upon
he questions involved, more or less,
AVE been referred to and quoted on
10Th sides, and these / have examined
arefuly, because | fully realize the
-ravity and importance of the ques-
ions raised, aud have gwen to their
all the time at my dis
,osal not occupied by my other and
more pressing public duties, such as !
he holding of courts in my circuit al ]
ne ABHtS liVNA ~ Jaw
All acts of the Legislature, represent
ny as it does the sovereign powers of G
he people, should be treated with the [
reatest consideration and respect by c
he courts and should never be set aside
kept upon the clearest conviction [
hat they violate the provisions Of the !
law of the land. If a rea G
enable doubt Of the cOnstitutlOnallly a
f an act Of the Legislature exists II [
hOuld not be disturbed 10y the courts. 2
{ must not be forgotten, however, that u
he people, distrustful even Of their y
WIN action, in times of great public [
excitement and upheaval, and of the u
influence of strong and passionate L
ppeals to their representatives., in v
ebalf. il may be, of moral and reli- e
ious objects, have established for !
themselves written constitutions, by /
ihich they have set bounds and limits d
D their own powers aud laid down "a II
hart for the guidance Of the law max 81
lg power. They have moreover "A
Established courts with power To scruti- u
ize the acts Of their representatives, u
nd see that they are made To conform =
D the higher law, that Is To the COnsu- o.
ltion. To this higher law, the ale "a
lance Of all is primarily due. am "a
$50 fully aware that the liquor traffic e
18th which the act ia question deals, i
dangerous one aud that it affects
9th public morals and the public /
ealth. 1t is stamped as dangerous by +
u the legislation upon the subject, to n
e found m the statute books of our u
ate. willingly conceded everything 81
hitch has been said or can be said As to U
. ....:f.. ,,.l ,fol arf-n from. fhp iuuprnunr ] O.