Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-03
Comes Before High Tribunal Today
Upon Appeal From City Of
Fredericksburg.
BRILLIANT ARRAY Of COUNSEL
Many Other Matters Taken up Yes
terday-Expeetins Local Option Mat
ter to Come up, Many Lawyers and
Citizens Were on hand-Poli Tax
Case Coming.

RICHMOND. VA, March THE
case involving the constitutionality
Of the Ward election law will come
| up for argument in the Virginia Court
OF Appeals tomorrow. 1t was not
reached on the docket today.
The poll tax case was partly argued
this afternoon BY Randolph Hicks and
| Attorney General Anderson for the ap-
pcllants. and by ~ 7. Green and John
Is. jenkins tor the respondents. Argu.
| ment will be resumed and concluded
| tomorrow.
1t has been fondly hoped in some
quarters that the Fredericksburg local
| option matter. involving the validity
of the Ward election law and hence
the cynosure Of all eyes in the Vir-
ginia temperance world would come
up for argument in the Virginia Court
OF Appeals this moring, but ut noon
there seemed little probability Of the
! case being reached.
Big Array Of Counsel. b
A big array OF counsel showed up,
however, and along with them appear
| ed number Of interested Fredericks-
burg citizens. Speaker Richard z.
Byrd, although but recently out of the
sick room. was one hand to appear -
| senior counsel for the temperance
| folk and to make the opening arGp-
ment Associatxd xftH Inn are Judge
William Hodges Mann. who Is to de-
liver the closing argument, Ben p.
Willis and F. NJ Chichester, Of the
SpOtsylvania metropolis.
The liquor men, who are fighting
the constitutionalky Of the act, were
represented by st. George r. Fitz-
| hugh A. T. Embrey and O'Connor
Goodrich. $
II Is not believed that the lawyers
| interested In this case will require
! more than three hours to present their
| respective sides, as the main points
| under discussion are embodied Id
briefs which the judges, Of course,
will carefully scrutinize.
Mann and Byrd Waited.
Judge Mann and Mr.. Byrd appeared
| early in the clerks ofice. as did other
counsel. but pretty soon they saw,
from the drift Of things. that 1t would
Ia several hours. II at all today. be-
fore their time for talking could come.
Other cases had precedence on the
| docket. First of all was that Of X. d.
| Taylor against the Commonwealth,
which involves a somewhat novel con-
struction Of the new statute bearing
| on the laws against the sale OF Co
| caine ard other DOPE
Taylor. who Is . Norfolk druggist.
| was sentenced 10 two years in the
State prison for having 8 package OF
drugs shipped to him. His orders
were that It be consigned to North
I Carolina point, but through some mis-
take or hitch with the express com
pany, il came to his Norfolk address.
This case was noi argued today: it
was submitted on briefs.
As to Grass Widows
| The second matter On the docket
is another criminal case--that Of Jen-
nings VS. the CommoEweaith-vbic
like the Norfolk case. involves some
unusually novel points.
| Jennings. the appellant. vas con
victed in Louisa on the charge OF be-
;raying the affections Of divorced
woman. and was sentenced to term
in the pcnitentisry under the law
designed to protect unmarried fe-
males Of chastc character"
His counsel have raised the point
! that a divorced woman does not come
\ within the purvisw of this statute.
! This case is not without some amusing
features. and likewise breaks some
rev ground
The appellant is represented by
Lindsey Gordon. Of Louisa. ard AS
sis,ant Attorney General Robert Cat
: lett will argur for tho State Common
/ wealth. Attorney Bib Is here 10
watch the case and hear the lawyers
talk.
, Payment Of Poll Taxes. -r
/ The third case on the docket ts
second In importance only To that tn
voIyinS the coustitp,ienality OF the
Ward eicc lon law In fact. there are
! many who think q even more TIM
portart. u Is the case Of John G. Til-
ton - al. ~s Herman. Treasurer. and
others.
This litigation involves the SUFFRAGE
c;arscs Of the Constitution. or more
specifically speaking. the cons ructson
Of that part 81 the organic !aw rcQuif-
ing poll taxes TO be personally paid.
In this matter. the Court Of AppesIs
Is asked to say just what personal
payment signihcs AID upon its a.