The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-06-21
DECIDE CONTEST
BEFORE ELECTION
Supreme Court Grants Appeal in
Case Involving Treasurers'
Election.
WILL BE HEARD AT STAUNTON
Point Gained by Those OPP
posing Rcsubmission of Con-
stitutional Amendments.
WILL BE HEARD AT STAUNTON

Action Will be taken at the Sep
tcmber term OF the Supreme Court
of Appeals on the consttaut' ona ny
OF the act of the Legislature Eubmit-
Ing to the people for the second time
the amendments to the Constitution
permitting county treasurerB and
commissioners of the revenue to sue
coed themselves indefinitely. An APP
peal was granted yesterday by the
court. and the record will be printed
at once. On 'thc first Nay of the
September term in stanton a motion
VIII be made for removal of the case
from Richmond. and 1t is expected
that IT will be granted: that the APP
peal Will be argued. and that de-
cis!on will he reached before adjourn
ment. This will admit cf final de-
termination in time to make arrange
Ments for the election in November,
OF to prevent such election.
The appeal Is taken from the Law
and Equity Court of Richmond. when
declined 10 issue injunction on
the petition of James "A. Scott. 10
monwealth from Issuing the notices
OF election to the counties and cities.
Amendments Submitted.
In 1908 the Legislature passed a
Joint resolution approving sundry
amendments to the Constitution. 1t
was necessary that another General
Assembly pass on them, which was
done In 1910. when they were sub
mittcd to the people. The one doing
away with the provision OF the Con-
stitution. which forbids county treas
urers serving more than two consecu
tive terms, and forblds commissioners
of the revenue succeeding themselves
at ell II elected By the people was
defeated.
IN =.
county treasurers and commissioners
whose terms expire with the end OF
next year, would be required TO re-
tire. To start an amendment all over
again would take two affirmative ac-
lions By Legislatures. and would not
come in time to save the treasur-
ers. Sn the idea was conceived OF
resubm.'ting the amendment, this
year on the ground that two sec
;ions-one referring TO treasurers and
the other TO commandments oulu
have been submitted separately. To
get around the constitutional pro-
vision, the joint resolution of 1908
Is taken as the hrst approval BY the
General Assembly. and that OF 1912
as the second.
The bill providing for resubm!ss!or
this year was fought in the state
senate. but was passed. The Governo,
took no action on It, holding that #
was not a matter he was required eli.
Their TO sign or veto.
Fought Out in Courts.
After adjournment Of the Legisla-
ture. action was brought by James A
scott, OF Lynchburg, praying for ar
Injunction against B. o. James. Secre.
tary OF the Commonwealth. TO forbiC
the sending out of official notices OF
the submission of the amendments IN
the election OF November 3. of this
year. Fred Harper. OF Lynchburg. rep
resented MIR. Scott, while Attorney
General Samuel w. Williams appeared
for the Commonwealth. The treasur-
ers. who fought the Injunction, were
represented by Judge Martin VII
Hams, of Giles. Randolph Harrison.
OF Lynchburg. and Rober, Z. Scott and
David II. Leake, of this city.
In his decision. Judge Beverley T
Crump held that 10 grant the relic!
prayed for would be Interference OF
the part OF the judiciary department,
IL the government with the process o.
legislation. Tie further ruled that
the effect OF the injunction would be
DO enjoin the holding Of an election.
In the petition for an appeal, 1t is