The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1908-03-13
CASES
DECIDED BY COURT
City Cannot Assess License Against Circus Performing
In County0pinions in Moreland Natter
As to Timber Tax
Performing

tory breach thereof by defendant in
error"
Counsel for the plaintiff in error
argued that the agreement having
should be. construed according to the
laws of that State, which were then
considered unfavorable to the condi-
ton of the defendant in error.
nection,". declares the court, is that
there being nothing on the record to
show what is the law in North Caro-
lima touching such contracts. it must
be presumed to be the same as the
laws in Virginia.
there may be in the English authori-
ties dealing with the question, wheth-
er or not agreements between hus-
band and wife to live separate and
policy grows out of q recognized dis
tinction commended for between a
promise to separate in consideration
OF sum OF money and an agree
of the parties. where the separation
has already taken place. The first
is uniformly held not to be binding
while the second is. with equal una
In support of his conclusion to af-
ilrm the Judgment of the lower court.
Judge Cardwell takes UP nearly TWEEN
~ typewrltten pages, in citing decid-
~ Nu''H' Stlile lIolll lilc supreme Court
of the United States and others from
TIE States of Texas Iowa, Maryland.
Montana, Arkansas, Georgia, Illinois,
Chio: Pennsylvania and California. The
deals with the salient features Of the
case In clear and able manner.
Robinson VIZ. The City of Norfolk.
From the Law and Chancery Court
Of Norfolk. BY Judge Harrison. Re-
Versed.
Involving the right of city to
performing outside the city, but with
In mile of it's corporate limits, this
Is case of general interest to Vir-
glnla municipalities. The city of Rich
ings at the request OF Hon. II. r.
Pollard, who gained the permission
OF the court to join Norfolk city in
resisting the contentious of the de-
PENDANT
John F.. Robinson. the proprietor OF
circus, gave performance in Nor
folk county, on September 10, 1900.
There was no parade in the city a
of tax Was By the city
ordinance. Meanwhile Robinson had
paid the State tax provided by law in
Norfolk county, He declined to pay
a, city license and suit was brought
The court held that the city had a
right to tax circus performing with
ing mile Of its corporate limits, and
from this decision Robertson appealed
The city of Norfolk" says the
Code as its authority for the ordi-
nance referred to, and the assessment
of tho license tax therein provided for.
That section is as follows: The
jurisdiction Of the corporate authorities
of each town or city in crimna! mat
ters and for Imposing, and collecting
a license tax on all shows, perform
ances and exhibitions, shall extend one
mile beyond the corporate limits of
such town or city,
THE payment Of this, tax Is resisted
by the defendant" continues the court.
as an unwarranted and Invalid eNer..
else of the taxing power by the city of
Norfolk.
For the purposes of taxation the
Constitution has divided the state into
counties and magisterial districts
divisions has its territorial limits fixed
each being distinct and separate from
the other. What Is meant by the
words territorial limits" N section
l6S of the Constitution, Is the acLual
boundaries of each Of such SUD dlVl.
sions, as the same are fixed by law; II
would seem to he Fundamental that
one Of these communities cannot. Tor
It's own benefit, tax one OF the others