The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-11-30
COUNTY ROADBOND.
ISSUES ARE VALID.
Supreme Court, in Positive Opin-
ion, Settles Question
Permanently.
APPEAL BY COMMONWEALTH
Several Petitions for Writs Dis,
posed Of-Court Adjourns
to January 9,

After handing down only one deci-
sion-ailirininE the uonstitutionaiity
of the law permitting tho issuance of
county road bonds payable out of dis
trict levies-the Supreme Court OF
Appeals adjourned yesterday for the
on January 9.
The decision in the road case, which
came UP from Tnzcwell county on petit
tion of c. j. Moss. settles 10 new point.
The merits of the proposition were
settled last spring in n case from Lee
county. but in that instance the court
merely refused Il write of error, with
out giving written opinion. AS this
did not appear to altogether satisfy
purchasers Of bonds In other States.
who perhaps did not understand Yir-
ginia procedure, the Tazewell suit was
brought AZ n friendly proceeding in
order to get a positive rather than u
negative expression of opinion from
the COURT.
Legislature Supeme.
That the decision is positive there
can be no doubt. 1t says that the
proposition that the power of the Leg
isiature is supreme is elementary. and
that where doubt arises 1t is to he reg
solved In favor OF the existence of the
power. This canon of construction is
held to be essential to the life of the
State. and is always jealousy guarded
by the courts.
and Issue bonds to pledge repayment,
but maglsterIal districts cannot do So.
1ney are created for political admin
tstrnttve purposes of an exceedingly
limited character Therefore there is
no doubt that the full faith and credit
of the county is pledged to the pay
ment of road bonds issued under the
or 1t,,h L.. n.
a method of payment of the principal
and interest Involving a levy on the
funds of the district The court finds
that the Tazewell election was held
in accordance with the law, that the
law is constitutional. and that the
bonds are valid. The opinion was by
Judge Whittle.
All of the other cases heard at the
November term now so over to the
January term before decisions can be
secured.
The Commonwealth was granted
writ OF error In the case of Charles
Bass. from Hanover county. Bass was
tried before a Justice and convicted
of selling liquor without O license. be
ing fined $50. This he paid, according
to the Commonwealth. although he
claims that he merely gave his note
for the sum. On an appeal to tile Cir
cult Court the accused was acquitted.
The Commonwealth appealed on the
ground that after payment of the line
the case was closed. and the Circuit
Court erred in admitting an appeal to
It, On the other hand, the defense
asserts that inasmuch as u bond to
kecp the peace. also required by tho
Justice. had not been executed, the
penalty had not been paid, and tho
man had the right of appeal.
T. ~. Clatterbuck was refused writ
of error in his appeal from a decision
in favor OF the town of Culpcper.
Clatterbuck sold to the town the r,gnt
to maintain an intake at the dam OF
Its water works on Hungary Run He
claimed that debris cleaned from tho
water was being thrown on valuable
land belonging to him, while 1t could
be thrown on somebody else's land on
the other side, where 1t would do title
or no damage. An injunction agdiaat
the town was refused.
The court also refused a writ Of
error to Walter Jennings. who was
convicted of breaking into car of
the Southern Railway for the purpose
of robbery. He was given eighteen
months in the penitentiary, to which
was added five years for the second
offcnse. The petition Is rather remark
able in that 1t contains practically
no argument for new trial.
The case of the Washington South
ern Railway against Groves's admins
traitor. begun Tuesday. was argued
yesterday by Creed NJ. Fulton and
Lewis IT. Machen for the appellee. and
by Hill Carter for. the appellant, and
submitted.