The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-06-21
NEW ORGANIC
LAW UPHELD.
The Supreme Court Decides
Against Taylor.
PILOT LAW is ANNULLED
Sudge Buchanan in Able Opinion Sus-
tains Norfolk City Court, and De-
clares It is In Conflict With the
United State Statutes.

In the Supreme Court at Wytheville on
Thursday several important and interest.
ing opinions we're handed down. One was
that by Judge Harrison in the case of
Taylor against the Commonwealth, In
volvng tho validity Of tho new Consu-
tuition, and the organic law Of the State
was clearly and ably upheld.
Tho case came UP from the County
Court OF Augusta, and was the first in
the State to be tried under that provision
of the new Constitution which permits
the sentencing of prisoner under certain
conditions by the court without the inter-
vention of a jury.
Taylor was indicted for housebreakinu
with intent to commit larceny. The new
Constitution had Just become effective.
Judge Lyman Chalkley, sitting in the
case, availed himself OF the provision re-
ferred to above, and in order to save the
Commonwealth the unnecessary expense
OF jury, Taylor was convicted and sch
fenced by the court to confinement In the
reformatory, and. IL denied admission
there, then to serve his term In the pep.
itentiary.
Taylor appealed on the ground that tn:
new Constitution was invalid. In that.
It was improperly proclaimed by the con.
vention. and that, therefore. the court
had no right to sentence tho prisoner
without the Intervention OF jury.
STRONG OPINION.
In the latter portion OF his opinion
Judge Harrison, after reviewing the cir
cumstances under which the Constitu-
ton was proclaimed and acknowledged,
says:
1.-THE Constitution having been thus
acknowledged and accepted by the off,
Gers administering the government. and
by the people OF the State. and being a s
a matter OF fact in force throughout the
State. and there being no government In
existence under the Constitution of 1869
opposing or denying It's validity, we have
no difficulty in holding that the Constitu-
ton In question, which went into effect at
noon on the 10th day Of July. 1902. is the
only rIghtful. valid and existing Consti-
tution OF this State, and that to it all
the citizens of Virginia owe their obe-
dlence and loyal allegiance"
The writ Of error asked for Is there
fore denied by the court.
Pilot Case Up.
The next most interesting opinion was
that handed down by Judge Buchanan in
the case OF Darden vs. Thompson. This
case came up from the Corporation Court
OF the city OF Norfolk. and involved
construction OF the pilot laws OF the
State. The plaintiff being a pilot, IL
censed under the laws of Virginia, Of
fered his services to the defendant in
August, 1902. off Cape Henry, the schoon-
er manned by the defendant being owned
by residents OF the State OF Maine. Yhe
services OF the plaintiff being refused.
and the defendant not holding a. coast
| wise pilot license. was sued by the plain
tiff for ss7.75. The defendant demurred
and the demurrer was sustained and
judgment was rendered in his favor.
To that judgment the writ OF error was
awarded.
LAW INVALID.
In discussing the matter, Judge Buch-
anan says In very able opinions:
Whilst a number OF grounds for de-
murrer were assigned only one was con-
sidered by the trial court. and only one
pilot laws Of Virginia. upon which the
declaration is based, are imperative and
void, because In conflict with section
1927 OF the revised statutes Of the United
States. which provides that no regula-
tions or provisions shall be adopted by
any State which shall make any discrinn-
nation in the rates OF pilotage or half
pilotage between vessels sailing between
the ports of one State and vessels sailing
between the ports of different States, or
any discrimination against vessels pro-
PEELED in whole or In part by steam. or
States. and all existing regulations or
provisions making any such discrimina-
lions are annulled and abrogated.
Tho opium of the lower court IS sus-
tained, the matter being discussed at
great length with characteristic force and
clearness by Judge Buchanan.
Other Opinions.
Other opinions handed down on Thurs
day were Baltimore Dental Association
va. A. M. Fuller. by Judge Keith. from
the Corporation Court Of of the city Of
Roanoke. Reversed
Radford West End Land Company vs..
j. r. Cowan. by Judge Keith, from the
Circuit Court of Montgomery. Reversed.
Goodman and others, Circuit Court of
Roanoke county. by Judge Whittle. Re-
versed
WINNERS OF PRIZES