Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1903-06-19
COURT OF APPEALS.
the CONSTITUTIONS VALID.

The Court of Appeals at Wytheville
yesterday handed down decision
affirming the validity of the new State
constitution. The case was that OF
TAYLOR VS.. the Commonwealth. Taylor
was convicted in the County Court OF
Augusta and sentenced to one year in
the penitentiary. The court refused q
new trial. He carried the case to the
Court of Appeals, which affirmed the
decision of the lower court.
TAYLOR based his appeal on the ground
that he was tried by the jury system,
under the new constitution, claiming
that it was invalid because it was pro-
claimed, instead of being submitted to
the people. Hon. A. c. Braxton was
counsel for the State, and 5. b. Timber
lake for the appellant
The Supreme Court in its decision
said that inasmuch as the new constitu-
ton has been accepted by the legisla-
ture, officers of the Commonwealth and
people generally, it must be considered
as the valid constitution of the State,
and it, therefore, overruled the Under
wood constitution. However, the court
distinctly says that it expresses no
opinion as to whether or not the con-
stitutional convention of 1902 had the
power to promuIgate the constitution,
because, first, the library at hand is not
sufficient to allow the court to inyesti-
gate and decide the question, and, second,
even if the contention that it had no
such power prevailed, it would not alter
the result
Among the other cases decided was that Of
Darden, pilot vs. the Master of the schooner
Newly, from the City Court Of Norfolk. This
case was reversed, thus affirming the validity
of the pilotage laws Of the state. Hon. John
W, Daniel argued the case for the appellant
Decisions were also handed down IN the
following cases:
BY Judge James Keith-Radford West End
Land Company vs. COwan, Circuit Court OF
Montgomery, reversed Baltimore Dental
Association vs.. Fuller, Corporation Court.
city Of Roanoke, reversed.
BY Judge 5. G. Whittle-Roanoke Gene
terry Company vs.. Goodwin ct al, Circuit
OF Roanoke county, reversed.
Colin vs.. United Banking. and Land Com
pany, Chancery Court, city Of Richmond, APP
peal awarded bond 800.
Mitchell vs.. King, Circuit Court Of Wash
ington county, appeal refused.
Norfolk Refrigerating and Ice Company ".
Stillman x Co., Law and Chancery Court,
city Of Norfolk, writ of error refused.
Mink and Wingfeld VS.. Mink, Circuit
Court Of Campbell county, appeal awarded
bond, 500.
Lynchburg National Bank VS.. New York
Life Insurance Company, Corporation Court
of Lynchburg, appeal refused.
Park Land Improvement Company W. SIM
mons, Corporation Court Of Roanoke, appeal
refused.
Cousin vs. Hooper ct al, Circuit Court,
city Of Richmond, writ Of error refused.
J. Il. l.. Clark vs.. S. II. Letcher. Judge, pc
tition for writ Of prohibition refused.
4 X. Curtis. sheriff, vs.. Morton Marye,
auditor Of public accounts mandamus refused.
Nuckols vs.. Waddill, clerk, mandamus
awarded.
Yesterday proceedings were as follows:
Leonard VS.. st. John; argued by n. c. St.
John and II. ~ Bell for appellee and james
II. Gilmore for appellant and submitted.
George W. House vs.. Caroline House argued
by Z. 5. Finney for appellant and submitted.