The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-10-03
|LIME-GRINOERS
CLOSE ARGUMENT
Contend That Act Establishing
Competitive Plants Tends
to Socialism.
GOVERNOR IS CRITICISED
Appointment of Son as Special
Council for State Subject
OF Comment.

Argument was concluded yesterday
before Judge r. Carter Scott in the
lily Circuit Court. in vacation in the
Injunction proceedings OF the Shenan-
doah Lime Company and others against
Governor William Hodges Mann ana
others. Judge Scott took the case un-
der advisement. There are voluminous
briefs and number OF presidents cit
ed and it may be some time before
nnal decision is reached. Allen Caper-
ton Braxton closed the argument yes
terday for the lime companies, ana
John Pickrell for the Commonwealth.
The case has been argued for two days
with a wealth OF legal talent on both
sides 1t involves the constitutionality
of an act of the last General Assembly
in creating the Convict Lime Board
and empowering it to expend $3o.o00 OF
State funds in erection Of plants IN
different sections of the State for the
manufacture and sale Of agricultural
lime, the work in such plants to be
carried on as far as practicable by
convict labor. The bill which failed
of passage in q former General Assem-
bly was promoted by the State Farm
ers' Institute, President Westmoreland
Davis having been in Richmond
throughout the session of the General
Assembly to urge its passage.
Governor IL Criticized.
Some comment was occasioned when
William Hodges Mann. Jr., son OF Gov
ernor Mann. and d young attorney re-
Gently admitted to the bar, appeared
in the case as special counsel Tor the
state under appointment of the Gov
ernor The comment became more
marked when Richard Evelyn Byrd In
whose office young Mr.. Mann has De-
gun tho practice OF law, appeared as
sounsel for the opposite side MY.
Mann made the opening statement OF
the case on Tuesday morning, and was
followed by Mr.. Byrd for the lime
grinders Several other attorneys
were heard Tuesday afternoon, Messrs
Braxton and Pickrell occupying the
entire day yesterday in closing the
case Of their respective sides.
The Shenandoah Lime Company ana
a dozen or more other concerns engas-
ed in the manufacture and sale OF ag-
ricultural lime in the State are testing
the constitutionality of the act ana
have secured a temporary tnunction
forbidding the establishment or sucn
plants or the expenditure OF state
funds pending a final decision. the
present proceedings are with view
OF determining the constitutionality OF
the act, and thereupon dissoiSins OF
making permanent the court order.
Socialism, Says BraxtOH.
The lime grinders contend tnat
| through the terms CT this act the State
is entering upon a socialistic enoit 10
manufacture and sell lime in compeu-
ton with its own citizens.
IF YOU establish a llme-grindins
plant" said Mr.. Braxton In his clos!hs'
argument, merely baoeusc the farmers
OF Virginia would like TO buy lime a.
a lower cost than it's present Harhe'
value, then why not establish mining
business because the people want
cheaper flour, or dry govos pusihesS'
because the people want cheaper VI
goods or a butcher shop. because lhe
people want cheaper meat! II you 30
on this way individual enterprise Will
become thing OF the past. and inc
State Will be the wet nurse OF aii us
citizens Long after We are oeao
socialism may prevail in Nirinia. pu'
il does not prevail now, nor does IL
appear that the majority OF our peo-
pie want it. If the people want such
socialistic principles to prevail Ie'
them first PUT them in the Constitution
This bill IL Q step towards socialism
and is clearly contrary to the Constr
tuition"
Mr. Pickrell devoted his closing ar
rument to constitutional points involV-
ed. laying stress on the provisions fo'
the employment OF conv;cts and on the
incidental benefits which the farmers
of the State would derive from oeins
able 10 secure lime for Improvement
Of their farm. lands at low cost as a
result 0. convict labor.