The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-01
'RADINC
STAMP CASE i
Comes Before the. State Su.
preme Courtin3 Staunton.
STOCKOFNATlONAL BANKS
The Validity Of the Tax imposed by the
General Assembly is Disputed-A
Question Of Timber Seizure
for Debt.

Major William a. Anderson, Attorney.
General Of Virginia, who has been III
Lexington for several weeks accompanied
bv his assistant, Mr.. John s. EgglestoIl,
preparing briefs In some important COM
Federal Supreme Courts, VIII leave to-day
for Stnunton to attend tho session OF tho
Court of Appeals of Virginia, where ne
will argue an important case. It Is that of
Albert e. Young VS.. the Commonwealth,
and Involves the constitutlonality Of tho
monwealth cases before the State and
statute passed by tho General Assembly,
session Of 1Se7-oS. prohibiting the use Of
trading stamps, trading checks and other
Inducements to trade. Mr.. Young was
fined for violation Of the statute, and
through counsel, will carry tho case to
the highest court with view to deter
mining the validity Of tho statute. Lie 10
represented by Hon. Marshall Mccormick.
OF Berryville, and will make powerful
effort to break down the statute. The
question involved Is whether or not such
devices th stimulate trade are In tile ma
turc OF lottery. Tho plaintiff In error
claims the contrary asserting that the
element Of chance does not enter into inc
use of trading stamps in the proper sense
of the word Major Anderson will attempt
to uphold the validity of the law.
IN THE UNITED STATES COURT, g
Tho Attorney General and Mr. EgElcs-
ton have prepared briefs In two Important
cases to come before the United States
Supreme Court at the fall term. Ihesc
briefs must be flied in September, but the
cases will come up for oral argument pc.
fore the court about December list. Ono OF
these cases Is that Of tho Associated Ma
tIonal Banks of the city Of Lynchburg VS..
the Auditor Of Public Accounts OF the
state of Virginia, and involves the Valiul.
ty Of the tax imposed by the General
Assembly upon the stocks OF national
banks While the banks OF Lynchbure
are alta cking the law, all the natlonal
banks Of the State are equally Interested
in tho outcome, and may be said to DO
parties to the cause, If, indeed, they are
not actively aiding tho applicants. Judge
John D. Horsley and Mr. j ohm ~ Lewis,
Wilson and Manson and other leading Ia "
firms of Lynchburg. are counsel for the
banks. while Major Anderson Will detend
the validity Of the tax. The brief IN the
case filed by Messrs. Horsley and Lewis
Is q. printed document of ninety-siX pages.
That Of the Attorney-General5 Will NOT be
so voluminous.
SEIZURE OF TIMBER.
The other Virginia case before tho
Supreme Court of the United states Is
that OF the Douglas Land Company OF
Southwest Virginia, VS.. the treasurer OF
Virginia The case involved the question
whether the timber on land can be seized
and made liable for DELINQUENT taxes
instead OF the land itself. 81 blu. 1864
The cases involving o test Of the legality
and utonality, and before that the
question Of jurisdiction in the matter OF
tho Virginia election laws Will come up
before the Federal Court of last resort
during the term. Tho Acknowledgement
has not yet completed his brief in these
two cases, one OF which seeks to prevent
by Injunction the issue of certificates OF
election to the Virginia congressman
chosen last November, the other being
an effort to secure the same result by
means of a writ Of prohibition. These are
tho cases recently argued before the Fed
eral Circuit Court here, Chief Justice Ful'
ler sitting with Judge Edmund Waddill
Captain John S. Wise is associated with
| James II. Hayes. a negro lawyer OF thls
city, in these cases. Attorney General An
| derson will represent the State without
! assistance.