The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-03-08
L|ME-GR|ND|NG ACT
IS DECLARED VALID
Circuit Court Upholds Plan for
Furnishing Agricultural
Lime to Farmers.


Agricultural lime may be ground In
State-owned plants by convicts and
sold to the farmers according to an
extended opinion announced yesterday
by Judge il. Garter Scott in tho City
Circuit Court the temporary injunc-
ton secured by the Shenandoah Lime
Company and others restraining Gov
ernor Mann ana tho members OF the
state Convict Lime Board was dis
solved, their bill dismissed, and tho
court announced that decree would
be entered in accordance with the de-
csion
1t Is supposed the limo manufacture
crs VINO are tile compliments will
appeal TO the Supreme Court.
The opinion covercs twenty-five
typewriter pages, and goes eXhaus-
OF the cases cited in tho argument
from this and other States.
Has Jurisdiction.
Tho action. Judge Scott states. was
brought by certain citizens of tho
state engaged in the business OF grind
ing lime. against the Governor and
others TO enjoin the putting, into effect
OF an act OF the lIegis nature of 1912,
entitled an net to provide for the
working OF certain long term or des-
pcrato convicts by the superintendent
OF the peniteRtiary. the Governor and
the Commissioner OF Agriculture. for
the manufactures of ground lines tone
and oyster shells. and incidentally for
the disposition Of same anu the by
products suitablc for road construc-
t;on to the citizens OF tho state. AS
TO the question Of Jurisdiction Judge
Scott holds that his court has such
jurisdiction
After further discussing the case,
Judge scott gives the opinion that the
act does not conflict with section ISIS
of the Constitution. II IS the duty OF
convicts and provide them with work,
the discretion as to the manner OF
work being In the Legislature which
can BY law provide for the hiring ont
OF convicts. or for their en-
ployment by the state itself. RI
can. says the court If II deems such
a course c1pcdient put them to grind
ing limestones and oyster shells.
Not Mere Pretc1t.
AS to the contention that the act is
a mere pretcxt. tho motive being not
10 give employment to convicts. but
to embark the state in business ven
ture In rivalry With private Inanufac-
turers. Judge Scott says he cannot i'm
qulre into the motives and intent OF
arc expressed IN the act Officially
passed. The court, ne says. cannot
so outside OF tho act itself even to
the Legislative journals the motives
and intent OF tho Legislature. having
no existence in law.
The court is of opinion" he says.
that the evidence Of Warner Moore
and others. giving estimates as TO the
number of couvicts that could be ON
ployed In this work with the $4,000
appropriation. aud further Ia the eff
feet that ii would require an appro
priation FIVE or six times as great. and
that practically nothing could be done
under the act within the appropriation.
is madmissible. The court has only
10 do with the power OF the Legislature
TO enact-nothing to do with the pol
icy and cXpcdiency of such Legislation
Liquor Dispcnsaries a Precedent.
THE care, custody and maintenance
OF convicts are much more Legitimate
subjects for the exercise of the police
power than the regulation of the liquor
traffic. or any business whatsoever. If
for the purposes Of regulation the State
can constitutionaily appropriate pub
lie funds for tho purpose Of itself
taking over and operating the liquor
business as a State monopoly, pocket
ing the profits, il follows it can, for
the purpose Of furnishing employment
for convicts. put them 10 grinding
oyster shells and limestone rool<, and
sell the product to dcfray the expense
OF their uDkeep. In so doing. the State
rs not regulating a business usually
conducted by others. hut is attending
to what is primarily and concluslvely
its own busneSs-namely, employment
for it's conVicts.
The care. custody and maintenance
of convicts presents one of the most
difficult governmental problems that
this state has to deal with. The State
has declared II 10 nc its liked purpose
that all conVicts that can be EN-
pIoyed be put TO work on the public
roads This leaves many unemployed
IL lis the imperative duty and the i'm
tcrest of the State 10 find employment
for them
Modest Experiment.
THE bulk OF the business or tho
private manufacturers is in commercial
lime, and but a small or Incidental
part in agricultural ground lime, that
being Il new and recent departure. The
modest appropriation shows the in
tention not to commit the State ir-
revocably TO this method of employ
ing convicts. without first trying or
experimenting a small scale 10
prove it's efficiency.
Tho court is of opinion that the
act in question is not contrary to any
provision of the Constitution Of this
state or of the United States and
therefore the injunction heretofore
awarded should be dissolved, and tho
bill in this case dism Used, and a de-
cree will he enrolled in accordance
with this opinion"
Two Had Guns.
Cover BraYtOn aud James Hill. negroes
were each nned 500 and costs yesterday
morning in Police Court for carrying con