The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-23
Con stitu ito atty of
Former Measure Is
Called Into Question.
SEEK TO RESTRAIN
CONVICT BOARD
Circuit Court Asked to Enjoin
State Officials From Putting
Act of General Assembly
Into Effect, or From Ex-
pending Any Pub
lie Funds.

In nm effort to tcst the conntitution-
Rlity of the "Iine grinding net" ndopt-
ell by the recent session OF the General
Assembly of Virginia AT the urgent
quest OF the Virginia Farmers Insti-
tute. chanccry suit "ns filed .cAter-
day In the City Circuit Court, with n
rruycr FOR an injunction to rcstrnin
the "cOnvict lime bonrd, from pro-
ceeding to put the net into eIecN lon,
and TO restrain the State Auditor and
Treasury from paying cut any none:
ON account OF the alleged unconstitu-
tiUnnl act.
The suit was died by twelve lime
manufacturers, who clnim TINT under
the Euine. of giving. employment. to
eonG-tcrm and dangerous convicts. the
stntc is nbOut To embark In the bust
ness of .manufncturinu lime. for mile,
contrary to the provisions of the Con-
atitution of Virginia.. Notice of Inc
suit Nnr served Governor William
ucdScs Nlnnn nh chairman of the con-
Wet Lime Board .cnterday morning by
pcput, shcrIn stephen johnston.
Ask Rcstruiuins order.
The hill in chnnccry He'd by the
Time manufacturers will be answered
h.! the Acknowledgement ON behalf OF
VIC state. Judge scott has taken no
action M yet in regard to the prayer
Tor n temporary Injunction. The bill
tnkcs effect June Ii, b3 which time IL
81 anticipated that some court order
vii have been entered cnjoinins tls.
expenditure or any funds until the
conntitutionniity OF the net shall have
brrn determined.
The SUIT was fled by Attorneys
ula et frh a-J
lyn Byrd on behalf Of the following
plaintiffs: The Shenandoah Lime Com
p"ny, l. =. Dillon Edward Dillon. the
Eagle Rock Lime Company, the War
.cr Moore Lime Comrrny, the River
ton Lime Company. the Powhatan
Lime Company. John L. Braxton. trad
ing under the style OF the Rockdale
Line Company. anu also under the
style OF the Linv!lle Lime Company;
the W. y. McAngc Co. Inc: 7. c. An
dtews & Co.. Inc. Charles w. Pridiy
d Co. Inc; y. :. Lee y Sons. Co. Inc.
Tor themselves and other tax payers
similarly situated.
Farmers InEtitue Msnsurc.
The lime grinding act mas been the
pet measure TOR several years past OF
the Virginia Farmers Institute. In
troduced In the Legislature of 1910. it
failed of passage. and in many country
districts the lime issue was a live one
IN the election OF the members OF the
Legislature OF 1912. many members
coming here pledged 10 support the
request OF the farmers for the grind
ing of agricultural lime by the State
at cost. President Westuoreland Davis
OF the Virginia Farmers Institute, re-
inained in Richmond during the entire
session OF the last General Assembly
working In the interests of the lime
bill, which the farmer asserted was
n he "a
tural interests OF the State. and the
passage OF which, IL predicted,
would place Virginia in the forefront
OF the agricultural States of the Union
In the House Of Delegates the bill
was amended to meet constitutional
objections. and as finally adopted it
purports 10 be bill for the employ
mcnt of certain dangerous or long
term convicts from the State Pcnitcn-
tiary In certain lime Er.ndiag plants
the hy-product or result OF the work
OF such ccnvicts TO ue sold to the
farmers of Virginia approximately at
cost. The bill created IL board to be
known as the Convict Lime Board, con-
sisting of the Governor OF Virginia, the
Superintendent OF the Virginia Peni-
Tertiary and the Commissioner OF .Ag-
riculture. which board has charge Of
the selection of sites and the erection
OF certain lime grinding plants in var
ious sections of the state and the gem
eral carrying out of the terms of the
act Recently this board has adver-
tised for proposals for sites for the
location of lime grinding plants. one
to be in the limestone section of the
State and one near III: sea board and
accessible to deposits Of oystc' shells
The petitioners in the bill filed yes
terday assert that they are taxpayers
owners of property: that. with the cS-
nT l. n md n I.tlt
they are owners of property engaged
and used in the lime grinding business
as manufacturers of commercial agri-
cultural lime; that each and every one
is engaged in the manufacture for sale
of comm ercial agricultural lime and
has large sums Of money invested in
said business and is subject to all CT
the provisions of an act or the General
Assembly of 1910 regulating the purity
OF agricultural lime. designed to pro-
tcct the farmers from adulteration and
imDurity in the product.
The complainants assert that they
are aggrieved and injured by the op.
pressive and unconstitutional act
known as the lime grinding BILL"
which is characterized as an invalid
action and an unwarranted and unlaw-
full expenditure OF public funds. such
funds having arisen from taxation OF
all the people.
Legislature "BesicEed."
1t is charged that the Legislature of
1912 was "besieged" by certain persons
In the interests Of the lime grinding
act. these persons being divided into
two classes: those who desire to our
chase lime cheaper than 1t can he man
ufactured and sold at reasonable
proit by private manufacturers, work
Ing under competitive conditions, and
certain political theorists. who desire
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