Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-06-08
Order for Release Of Migrants
from Custody.
NO FUNDS PROVIDED
OFFICIAL INTERPRETATION OF
RECENT LEGISLATION.
Delegates Chosen Last Evening to
Democratic State Convention
General and Personal.
Special Correspondence of The Evening Star.

Acting on an opinion of Attorney General
Anderson of this state to the effect that
there is no provision for the custody of
Migrants, Police Justice Cation has given
orders for the release of all prisoners sent
to the city jail on the charge of vagrancy.
Hereafter, under the present decision, per-
sons convicted of this offense will not be
sent to Jail. In fact. it is said. there will
be no means of Furnishing such offenders
except by the exaction of fine, which, In
the great majority of cases. is out of the
question.
The statement of the attorney general
was elected by the presentation to the
auditors Office in Richmond of bills sub
mitted by City Sergt. Cox for the feeding
of a considerable number of persons sent
to the Jail as Migrants. The state auditor
declined to pay the amount, and the mat
ter was taken up by Commonwealth AttOr-
ney Brent. This morning he received a
letter from the attorney general in which
the following statements were made:
1.-The effect of the legislation referred to
In your letter is to make no provision for
the payment of the costs and expenses III
CURED in connection with the custody of
Migrants. There is certainly no provision
requiring that such expenses shall be paid
out of the state treasury. By the provision
of section SS6 of the code repealed by act
Of January 2. 1909 the counties were re-
quired to pay any deficiency in the costs
the Yagrant act after applying the hires of
the vagrant. The legislature contented
itself with repeating section $50. and made
no provision whatever as to how such de-
f1c1ency should be paid, unless 1t Is that
contained in section 1893 of the code as
amended by the acts of 1902-3-4, in refer
ence to the establishment OF chain gangs.
Inc auditor has very properly ruled that
he is not authorized to pay any bills which
are not plainly required by law to be paid
out OF the state treasury He cannot pay
out dollar except pursuant to positive
enactment. If the legislature intended the
oenclency to be paid out of the state
treasury 1t would have been easy to have
commonwealth Attorney Brent holds d.
rectly opposite views on this question. He
claims that the code makes positive pro-
vision for the custody of Migrants in the
same section which provides for the OK
and felony.
Delegates to State Convention.
The following delegates to the state
democratic convention in Richmond tomor-
row were elected last evening at the ward
meetings in this city: First ward, Alton
Moore, F. NJ. Hill, Hubert Snowden, Sam
uel Bendheim and John A. Marshall sec
ond ward, c. c. Carlin, Thomas A. Fisher,
Julian Y. Williams, John M. Reed and f.
f. Downham; third ward, Samuel G. Brent,
John T. Harrison, James r. Cation, Gard
II. IL
c. r. Davis, Charles Bendheim, O. F. Car
ter, F. c. Spinks, jr., and Charles B. Mar
Shall. Following this a meeting of the city
committee was held, when Messrs F. NJ
HILL Alton Moore and Julian Y. Williams
announced that they would be unable to go
to the convention and resigned. Messrs
l.. H. Machen, ]. NJ. Hill and ]. K NJ Nor
ton were appointed in their places. Judge
Norton was chosen chairman of the delega-
tfon The unit rule was adopted after some
opposition. The meeting Endorsed Senator
Martin for senator, Mr.. c. c. Carlin for
presidential elector and Gardner L. Boothe
for reelection as a member of the state
committee.
General Matters.
AT the request of the joint committee on
light and finance called meeting of the
city council was held last night, when the
committee reported on the various PROPOSE
tons to dispose of the city electric light
franchise. 1t was stated that all the bids
were considered unsatisfactory and the
suggestion was made that the council again
advertise the franchise for sale. After a
long discussion the report was finally
adopted by vote of IL to 1. This action
was concurred in by the board of alder
men.
Mrs. Mary Ayers, whose death occurred
last night at Providence Hospital, Wash
ington, was a resident of Prince William
county and had many friends in this city
She was twenty-one years of age and was
a daughter of Mr.. Lewis Lynn of Prince
William. Her husband, Mr.. George Ayres,
and three children survive. The funeral
will take place from her late home in
Prince William tomorrow afternoon.
Representative John F. Rixey has nomi-
mated William r. P. Taylor of this city to
a cadetship at Annapolis. The appointee
Is son of Mr.. Charles s. Taylor, confed-
crate veteran.
DR.. William Edwin Rogers of this city
was among the graduates at the annual
commencement exercises of the Georgetown
Ty,,fxy ~,
ing.
The closing exercises of Arlington Insti-
tute, school for girls, were held last even
ing in the school building on North Wash
ingtOn street.