The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-05-23
COURTS TO PASS
ON Lime BILL
CONTINUED from First Page J

W see the state embark In various,
forms of private business.
1t is charged that the title of Tho
act is misl eading. since its primary
purpose is not to give employment to
certain lonS-term and dangerous cor
vets, but to provide lime for farmers
NJ less than the market price or cost
vi us Manufacture. 1t is asserted that
were the state TO establish and equip
TWO plants such an arc now propos.a
not more than twenty conylcts could
reasonably he given employment. and
mat only for about six months of tho
year. while as a matter of fact. fully
TWO thirds OF those engaged in opcrut
ing such plants must pc other ttan
convlcts, since the operation of IND
machinery Will require skilled riecbnu
les and reliable and trustworthy oncr-
atives.
The bin charges that the linle-grlrd.
ing act Is directly In conflict with Sec
lions Ia cnd us of the Constitution
oi virginia. which provide for a state
lenitcntlary and its management by u
board OF hvo directors appointed pv
the Governor. Tho lime bill does not
recognize the prison board, but creatps
a new convict lime board composed OF
the Governor, the Superintcnd ,nt of tnc
Penitentiary and the Commissioner OK
agriculture. Yet Section las says that
the prison directors shall have TIA
tertiary. branch prisons ana prison
farms. and shall appoint the supcrln-
tcnhentS and surgeons thereof" Tho
act is held 10 be in violation of Sec,ton
9" ot tue constitution In regard to tho
manner provided for expenditure OF
puhlc FUNDS. but the chief basis or
constitutional objection on tho mart Of
the lime manufacturers lies in section
30 or the Constitutions which nrovtdoy
that neither the credit OF tho STATE nor
OF any county. city or town shall be
granted in aid Of any person. associa-
tIon or corporation. nor shall tho State
subscribe to or become intrrcs,cn in
INC stock or obligations of any com
nany' association or corporation. for
inc purpose Of aiding i'm the cons.nc-
tlon or maintenance ot It's work: nor
, shall the State become n pnr,y 4, or
become Interested In any vnrI, or inter,
mn improvement. except public rond.
or cpe"G'u In the chrryinE ON Of such
work"
Tho act is described as nm a.,omn-
on the part Of tho Legislature al tho
instance of certain farmers and others
10 appropriate and use for Other than
public purposes public funds arising
from taxation ann tho Constitution lis
again quoted to show that no tax NAV
be levied save for public purposes. nor
may public funds be appropriated for
other than public purposes as such
funds have 10 be replaced by taxation.
After citing all Of those matters. tho
bin prays that William Hodges Mann,
Governor OF Virginia: James B Wood,
Superintendent of the 9cnitcntlary.
and George W Koiner. Commissioner
OF Agriculture which three officer;
constitute tho so-called Convict Limo
Board mentioned in and attempted 70
be created by tho lime grinding bill.
ana c. Lee Moore. Auditor Of public
TREASURER OF Virginia. may be made
parties defendant TO tho bill and be
required TO answer same. answer on
oath being waived.
That process sissue against all OF thu
above named.
That tho Lime Grinding act and ca eli,
and every provision thereof may he
declared unconstitutional null and
void
THAT tho Governor. Superintendent, q
tho PcnitentinrY aud Commissioned or
Agriculture. constituting the Convict
Lime Board attempted to be created
by tho act described may bc cnJoincd
and restrained from doing any act and
taking any step under or by cir,ue of.
or to carry out or give effect 70 tho
directions provisions or authority az
said act.
That tho Auditor OF Public Accounts
and Treasurer Of Virginia. ana cacl,
OF thsi'' De chJpincd ana RESTRAINED
from paying Ia any person any money
under or because OF the provisions oc
said act and from drawing any wars
rant or checks on account OF the APP
Precipitation attempted TO be made by
said act and from In any way doing
any act or taking any step under or
by virtue Of or to carry out and give
effect TO any direction, authority or
provision OF said act.
The bill is signed by the Shenadpan
Lime Comply. L. r. Dillon. Edward
Dillon. Eagle Rock Lime Company.
Warner Moore Lime Company, Eivcrtot
Lime Company, Inc Powhatan Lime /
Company. Inc. John G. Paxton, W. y. |
McAnEc Company, Inc, T. c. Andrews
& Company. Inc. Charles w. Priddy
& Company. Inc. y. :. Lee & sons
Company. Inc, by Richard Evelvnl
BYRD and Braxton & Eggicstcn, coun- |
sci