The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-06-23
SEVEN SUPREME
COURT OPINIONS N
Handed Down Thursday in In
tcresting Gases From so,ith-
west Virginia.
AS TO THE Il: SOCIAL ,sI;! \! CLUBS Z. IS;
The Lover Courts Overruled i'll 4
Liquor Case tller s$
Opinions.
As TO THE SOCIAL )yl,'lI ! CLUBS G. I 3
Especial to The Timcs-Dispatch.)


Especial to The Times-D ispatch)
wYTHEv1LLE. VA, June "a. -sevcl,
opinions were handed down By. the SUI
5prett1e Court OF Appeals At Wytherille
Thursday, In cases from courts In Eouth-
west Virginia.
from the Corporation Court Ok Roanoke
City, Judge Harrison wrote the opinion.
The preceding waa tor the purpose OF
having the charter OF the club revoked,
and the lower court 1nAng, upon the
hearing that the club was conducted for
the purpose OF violating the laws Of the
state regulating the licensing and bale OF
liquors. entered on order declaring t..e
charter rights and franchises OF the
club to BIO void. 5s5s 4.
q IN the Supreme Court It was contended
that the act under which the lower court
proceeded, which related exclusively 70
social clubs, had been repealed BY the
revenue act OF April Is. 1905. and BY the
actientitled IAN Act concerning corpora
TONS ~ 5,$ IS
The Supreme Court refuses to sustain
this contention, saying that there Is no
express repeal 81 the act In question,
or any section thereof. by, eithet Of the
subsequent enactner,ts, and That none
was contemplated BY the Legislature, or
can be implied from the lang uage OF the
legislatlo relied on. a nur1 !.
Der OF authorities are cited to show that
a general act, though Ia ter than. the spec
3cial, wifi not be conside red as fepealing
the special unless the provisions Of this
general are man!festly inconsistent with
those Of the special, but that the spe-
sc!al will be construed ns remaining an
exception to the general: and the con-
clnsion ii reached that the corporation
court had fill All thority to ertaln the
proce eding and enter the order com planned
OF, and It's judgment Is affirmed:
54s INCOMPETENT WITNESS.
n. h. CULLEN was convicted In the Cir
cuff Court Of Scott county Of selling
liquor without license. end sentenced
to ninety days IN jan and to pay fine
OF 500. This Judgment the Supreme
Court reverseS.
Judge whittle, In his opinion. nrst de-
cIdes that II was Incumbent upon the
accused. In supporter his motion, 70
.auash the information, to show tr,at
there was no complaint IN writing, and
that Elijah White. who gave the sinforma-
ton, was not competent witness. These
facts, 1t is sald, not appearing on the
face OF the informal lion, and not having
been incorporated In heSrecord by proper
bill OF eXceptlOns,sg cannon fDe = dEdiieu u
In the Supreme Court. }s.33 S
It IS next held that this case was q
prosecution for violation OF the State
revenue laws. ana controlled by section
ST. OF the Code, which nxes the liml:a-
5tion IN such case at two year and that
the case OF Harding vs.. Commonwealth.
relied !. on as limiting the prosecution 4, to
one Year, Is & not In point. because the
q ues ton i 81 Limitation did not arise N
that case. ID
& The action OF the lower court in I'M
posing q sentence OF impr1so nnent ~
addition to the lnc OF $500, assessed BY
the jury, is also sustained, It being SAID SAID
that the prosecution was under the gen
seral revenue statute, winch provides .tor
an additional sentence OF Imprisonment.
81 tie discretion Of the court and not
az con tended under the special act. 70
suppress tippllng houses and the Illegal
straf1c IN LIQUOR IN certain counties.
ggsIt is decided, however. that the lower
court erred In admitting the testimony
81 Elijah white. This witness had been
convicted OF unlawful shooting y and
EEwo,ullnlding, with intent TO MAIN, etc. and
sentenced to ninety days In jail ana
to pay a fine OF SIS Che term OF an
:prisonment had been served out, and ne
had also served q term Of sixty DAYS 3
In jail upon a capias pro fne, put haoe
never paid the fine and costs OF prose
oi,t,on. The court holds that the punish
iment is not complete until the judg-
ment Of the court has been fully dis.
charged, the fine and costs not being
satisfied by the Imprisonment. It is also
decided that the 2offense OF which White
was convicted was q felony, notWith-
standing the verdict OF the Jury, as IT
might have been punished by imprlson-
55ment in the penitentiary. It is clear, 7
is said, that White was an incompeten t
witness, and his testimony should have
been excluded. II,
,3l3 And erson & Moore Ys. COMMON wealth.
also grew out Of a prosecution for un-
lawful sale OF liquor. The Common,
wealth Instituted the action against Cam
Anderson and II. G. Moore. his surety.
upon q penal bond. In the sum OF 1900
given by Anderson IN the County Court
OF scott county at the April term, 1908,
conditioned upon his lot violating the
revenue 4 laws Of the State for twelve
months. Anderson was under IN dictment
for selling liquor without a. license, which
lie denied, and for the PURPOSE Of COM
promising the lndlctmen NJ e1'sered INTO
the bond.
& Judge Cardwell's opinion aftirms the
Judgment Of Scott Circuit Court In favor
OF the Commonwealth, saying that II is
clear TINT, IL the Judge OF the County
Court could require and take the bond
In vacation as provided by the act to
suppress tipplng houses and the illegal
and unlawful traffic in ardent spirits
In scott and other counties, under which
the roceeding was had, q fortiorl could
ibe sitting IN court, on an indictment
found. do the same.
& It Is further said that the finding Of
the indictment, the appearance OF Ander-
son In court to answer the same. ana
the giving OF the bond required OF him
fully measured up to a compliance with
the statute. The provision in the act for
the issue OF scire facias by the clerk IN
case OF forfeiture OF the bond - held
not to exclude other remedies or forms
Of action by the Commonwealth to col-
ilect the penalty Of the bond All OF the
assignments Or error being oyerruled, the
Judgment OF the lower court ~ aftlrmed,
DECLARATION bad.
The declaration In the case OF Norfolk
& western Railway Company va. 8te-
sails administrative. from the Corpora
ton Court OF the city OF Bristol. 10
found BY the Supreme Court to be bad
and, for error Of the lower court in
oyeyruling the demurrer to II. the judgr
mont 50 reversed. Judge NYhittle handed
down the opinion,