The Richmond Virginian. (Richmond, Va.) 1910-1920, 1912-04-10
WOULD UPSET ACT
Of STATE SOL0NS
Tax Payer Charges 1912 Leg
islature Violated Term of
Constitution
INJUNCTION SOUGHT
FROM JUDGE CRUMP
Question Involving Right of
City Treasurers and Com
missioners to Succeed
Themselves Is Issue

James A. Scott. who claims. to be
citizen and taxpayer of Virginia.
made a move'in the law and equity
court yesterday through his attorneys.
Harper and Goodman. Of Lynchburg.
to test the constltutionality Of the ac-
ton Of the last General Assembly in
adopting an act resubmitting to the
people the question whether city treas
urers and city commissioners of the
revenue shall be allowed to succeed
themselves In office. The move was
in the shape Of petition for
an injunction restraining Colonel
3. O. James. secretary Of the
Commonwealth. from sending out
adm distributing copies OF the
act In question to the various clerks
OF courts throughout the State. pre-
liminary to vote at the polls next
November on the proposition. Judge
Crump fixed April "a at $3.50 P. NJ. as
the date for hearing argument on the
matter.
II will be recalled that the people.
at the fall election in 1910. voted to
allow the county commissioners OF
revenue and county treasurers to sue
coed themselves as long as they
pleased. Exactly the opposite verdict
was expressed In egard to similar Of
ficers in the cities.
Trust Gets Busy.
And so, when the General Assembly
of 1912 convened, the alleged Office
holders trust got busy. The result
was that the solons on February II
last passed an act to resubmit the
proposition to the people next Novem-
Der SO that they might decide whether
they wish to retain the city treasur-
ers and commissions rs In office. or at
least to afford them the privilege Of
standing for recollection.
This action, II Il claimed BY the
petitioner. was IN direct violation of
the terms of the Constitution Of Vir-
ginia and should therefore be de-
cIared null and void.
The petition goes on to recite that
Governor Mann refused to affix his
signature to the act on the ground
that he had no constitutional or statu-
tory warrant to do 90.
The measure therefore became ef-
fective without his signature.
Violates Constitution.
The petition recites further that the
act does not comply with the re-
nuirements OF the Virginia Constftu-
to comply with the Constitution IN
first submitting the question :. to the
people, a resolution with that end in
view was proposed during the session
OF the General Assembly in 1908. be-
ing adopted the following session two
years later. Next came the vote Of
the people at the polls.
This, Il is commended. exhausted the
functions of the General Assembly on
-4G H. AeGtt .v,I
would make obligatory upon that
body to repropose the question at
one session and wait until the next
session before taking action as to
adoption.
In other words, 1t is charged that
the last Genera, Assembly performed
the duties of two legislatures at a
single session in acting on a question
involving amendment to the Consti-
tuition.
Functions Exhausted.
The petitioner. after declaring that
the functions Of tho legislature were
exhausted by the vote OF the people
in 1910. proceeds:
said amendments could not there
fore again be submitted TO the people
stituticnal- provisions relating. to
amendments and without regard to
said proceedings relating to said
amendments as rejected.
THE said act Is not based on any
attempt I'd prepropose the said
amendments, to republish them. or
to rerefer them to . subsequent SEES
sion OF the Genersi Assembly. AZ
specifically required by the Constitu-
ton Of Virginia. Disregarding the
clear and specific provisions of section
1876 OF the Constitution Of Virginia, 1t
provides Tor ,resppinissioh to, the peo-
pl0 OF the same Identical amendments
that bad been voted upon by the peo-
pie at the election OF 1910 and re-
jected by them"