The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-10-22

October FL, 1913
Hon. William Nj. 'rurpn. PRESIDENT OF the
Board OF Aldermen. and Members OK
the Board Of sinking Fund Commits
slonera:
My Dear Sir,-Your we'll known ability
nnd recognized acutnon subject you 70
this call upon your Judgment ana must
excuse your duestoner.
An interesting question has arisen. ana
I desire to enlist your interest In Its
trooper settlement.
1t may be briefly stated thus: An act OF
tho Legislature, approved March q. 1Sod.
reads as follows:
!. BE It enacted by the General Assem-
bly, Of Virginia, That any municipal cor
poratlon having Issued bonds under any
previous act shall have the power ana
authority, and the Same Is hereby con-
ferred upon them, to provide by ordl-
nance for the redemption and liquidation
OF said bonds. upon their falling due, or
upon their becoming subject to call. or
otherwise, by the issuance OF new bonds
And provided further, that the
proceeds OF the sale OF the new bonds so
Issued shall be used only In the payment
Of the old bonds, subject to. call, redemp-
ton, or otherwise, or those that may be-
come subject to call. redemption, or other
wise maturing: provided, that the nohos
Issued under his act shall be payable IN
lawful money of the United States. and
that proper sinking fund shall be ere
ated and maintained for the redemption
OF such bonds.
It Is Claimed" or. I might say. ut Is
alleged" that this act cannot and does
not relieve any municipality from any
mandatory" provisions of It's charter
which require the application" OF any
funds for redemption Con hand) to the
Immediate cash liquidation OF maturing
bonds. and in support OF this claim" or
allegation" the decision OF the Supreme
Court Of Appeals OF Virginia, rendered
January o., 1885, is cited. The case" Is
Norfolk City vs. Norfolk Landmark
Publishing Company and Others" e5th
Virginia.
In the chapter on cities and Towns"
Code OF 1887 section 1913, the Legislature
Is careful to say that the chapter shall
rot amend charters except in certain
PARTICULARS. Why do they say shall
not?" Would the chapter "amend' with
these words out?
But the acts OF 1oO2-'O3. extra session,
chapter on Cities and Towns, page, 1876.
and section 104S, also takes the. ,precauton
TO say that the chapter does not amend
charters, &C.. &c, &C.. except &C.. &c.
SC, as though It was necessary to say
docs not" 20 prevent It from doing It,
But the very decision cited In support
OF the Claim" or allegation" declares
that in case Of such a conflict. the gen
eral law shall not be construed" to re-
peal the provisions OF the charter" and
adds later on these Significant words:
Charters OF cities are subject to repeal.
and any abuse OF the powers granted caa,
therefore. be corrected at any time by
the paramount authority OF the Lestsla-
ture.'
Pardon me for quoting IN conclusion the
words OF Dillon:
Dillon. page ,11s. section 81:
at is n principle OF very extensive op-
Grafton that statutes of general nature
do not repeal by Implication. charters and
special acts, passed for the benefit Of par
ticular municipalities; but they 40 80
when this appears to have been the pur-
pose of the legislature. (Act March.
1aO3.)
Please note that tho ''act" is i've years
after the opinion. and that q new State
Constitution intervenes.
Your kind attention and reply will
greatly obligc,
Yours very truly,
CARLTON, MCCARTHY,