The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-04-10
Seeks to Enjoin Submis-
sion of Treasurers'
Bill to People.
HEAR ARGUMENT
ON A PRIL "a
James A. Scott, of Lynchburg
Asks Injunction on Ground
That Change in Constitution,
Once Defeated, Should Be
Treated De Novo by
Legislature.


In the Law and Equity Court OF the
city OF Richmond to prevent the re-
submission to the voters Of Virginia
this yoer of tho proposed amendments
20 tho Constitution which are intended
TO permit city treasurers and commits
sioncrs OF tho revenue to succeed
themselves. An Injunction Is asked to
enJoin B. O. James, Secretary OF III.
Commonwealth from complying with
that part OF the enactment OF resnb
mission which requires him 10 send
copies OF tho act TO the clerks OF each
county and corporation court in the
state
Judge Beverly T. Crump set We'd
nesday. April "a. as the day for hear
ing the motion for an injunction.
Jamer A. Scott of Lynchburs. Is the
petitioner. Ho is represented by
Harper & Goodman. Leon Goodman.
of thie Arm, was in Richmond yester-
day and nled the bill with the court.
Vote Nearly Unanimous.
Much attention was drawn to this
abe General Assembly. 1t WAS then
freely predicted that tho courts would
DO resorted to TO defeat the action
OF tina Legislature. A Lengthy constI
t,tional argument was made By Sana-
tor 9. Harding Walker against reaub-
mission. but only Ave votes were reg
ist.red In tho Senate against the bill.
while there was but one negative
"oicc in the House Tho treasurers'
association Representatives at the
Capitol wero on the alert constantly.
In .he Constitution OF 1902 II was
provided that city and county t-easur
.ers should succeed themselves onf'
once. and that after two terms they
should retire. 1t was further provided
n ACID
whether commissioner OF the revenue
,''euld be elects by the people or APP
oin;sd By the courts-.t the former,
hoy were to 90 Ineligible TO suecocd
ticm. civcs Tho ID al was that treas
urers should pc required to settle
their accounts By putting them out Of
Office. that Being deemed the most CT
had grown up. under which como treas
ure.s never snt:Ied, Commissioners OF
the revenue. It was felt, would be less
under the influence OF voters in the
matter OF assessment Il appointed, or.
being elected by the people. II they
could not succeed themselves.
Tried 10 Get Amendment.
a demand grew up on tho part OF
oficers who wished to succeed them
selves to amend the Constitution. The
Legislature OF 1905 passed the -eces-
sary Joint resolution proposing the
amendments. 1t was necessary that
The matter como up again before the
Legislature OF 1910, which also ep-
proved the submission to the people.
Then the question was put before the
voters In the election Of November.
1910. The amendments were submitted
separately-that as TO county treas
urers and commissioners in one sec
ton. and that Is to the same officers
in cities In another.
H. L.
"a TO county officers was carried,
while the other was defeated, and the
Governor proclaimed the result
1t was rather expected that some ef-
fort would be made looking to another
vote as to city treasurers and commits
sioners, but II was surprise when. at
the beginning OF the last session II
was proposed to rave q vote this year
on the proposition by holding that the
original Joint resolution OF 1905 w6s
valid, while the submission of 1910
was illegal. with this also went the
rather startling, argument that the
submission aa to county officers was
proper and regular. while that as to
city officers was improper and uncon-
stitutional. On this basis the treas
urers asked for a vote next November.
The reason for this was that many of
Will go out OF office next year un-
less there is change in the Consti-
tuition, their two terms having eN
pired. BY saying that the submission
of the amendment on county treas
urers and commissioners was consti-
tutional In 1910. while that as 10 city
officials al the same time was uncon-
stitutional, all the trcasurers could
be saved at once. @ss
The Governor did not sign the bill.
deciding. upon the advice of the Attor-
ney- General that II was matter with
huI hi IN .ln
The bill filed yesterday by Mr.. Scott
sets forth the history of this attempt
ed legislation 1t shows that the Sec
rotary of the Commonwealth was in
structed TO send to clerks of courts
as many copies of the act as there
are places of voting in their localities.
Inasmuch as this official action OF Sec
rotary H. o. James would be attended
by public expense. james y. Scott. the
petitioner. bases his legal rights OF
complaint on the following arguments
against the bill which passed the
Legislatures:
Grounds for Injunction.
a. The said bill docs not comply
with the requirements of the Consti-
tuition Of tho State of Virginia with
reference TO the adoption OF amend
ments to the said Constitution
b. BY a Joint resolution of the Cen
sral Assembly of Virginia. approved
February 10, 1905, certain amendments
TO sections 1l9 and 100 OF Article 8 OF
tho Constitution. OF Virginia. relating
to treasurers and commissioners of
revenue in the cities OF tho State. were
/ proposed and referred to the General
Assembly to be chosen at the next
general election oe Senator'S and mem
bers of the House of Delegates.
The said amendments so proposed
and referred, were only published for