Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1911-12-07
SUPREME COURT
UPHOLDS COUNTY
In Positive Opinion States Highest TTibu-
nal Declares TazeWel Bonds 6enuins
County Obligations.


Shortly before adjournment for the
term on Wednesday of last week. the
State Supreme Court sitting in Rich
mond handed down a decision affirming
the constitutionality of the law permit
ting the issuance Of county road bonds
payable out of district levies, thus vim
dicating the advocates of a bond issue
for the purpose of improving the high
ways Of Tazewell county.
The decision in this case, which went
up from the circuit court Of this county
on petition of c. J. Moss, settles no new
point, however, as the merits of the
proposition were settled last spring in a
case from Lee county, but 10 that inst
zee the court merely refused a writ of
error, without giving a written opipioo
As this did not appear to altogether sat
isfy purchasers of bonds in other states.
who perhaps did not understand Virgin-
Ia procedure, the suit from this county
was brought as friendly proceeding in
order to get a positive rather than a
negative expression of opinion from the
court.
mat the decision is positive there can
be no doubt. 1t says that the proposi-
tion that the power of the Legislature
Is supreme is elementary, and that
where doubt arises it is to be resolved
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 Jealously guarded by the courts.
Counties can contract for road loans
and issue bonds to pledge repayment.
but magisterial districts cannot do so.
They are created for political admins
tratlve purposes Of an exceedingly lin
tied character. Therefore there is no
doubt that the full faith and credit of
the county is pledged to the payment of
road bonds issued under the act. Its
liability is not diminished by a method
of payment of the principal and interest
involving levy on the funds of the dis
trict. The court finds that the 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.
This decision is one of the quickest
ever made by the Supreme Court. OnIv
about sixty days have elapsed from the
time the matter was disposed of in the
circuit court here last September until
it was finally disposed of by the higher
court In Richmond last week, thus set
ting forever the question of the LEGAL
ity of the bonds voted by this county for
road improvements last April. In the
regular order of procedure the matter
would not have been disposed of until
the June term of the Supreme Court
next year at Wythevilie, but on account
Of the interests involved the attorneys
for the county appeared before the
court at the beginning of the November
term in Richmond and secured an order
transferring the case from Wythevnle
to Richmond so that prompt disposition
could be made of the case. This will
now allow the board of supervisors to
dispose of such bonds as NAV be neces-
sary, John Nuveen & Company having
agreed to take the entire issue Of S625.-
600 st the same figures they made.for
the $l25, 900 Of bonds, psevided the ST.
preme Court ruled that the county was
responsible for the issue.