The Richmond Virginian. (Richmond, Va.) 1910-1920, 1914-06-28

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to impose any such burden. The courts
Of New York and Pennsylvania do not
restrict the power of the legislature,
but the true weight of authority is to
the effect that this is the rule.
An illustration.
AS an Illustration, the courts have
decided that the legislature may re-
quire city TO pay out OF Its treas
ury the salary Of the stenographer in
courts in the city having Jurisdiction
in cases Of felony; 1t may impose upon
the city the expense OF renting and
keeping a place for holding court and
for tho offices of clerk, sheriff and
juries of the court; the legislature may,
In the exercise of its police power.
impose upon counties and cities the
support of paupers. the legislature
may impose upon towns the debts OF
school districts which have been abol-
Ished BY previous statute: the iegls-
nature In changing boundaries OF
counties towns or cities. or in annex
tons and the burden of paving their
debts shall be distributed among them.
These are all decided to involve mat
,ers of general. rather than local. con-
eerr.
The courts have denied the power
Of the state Legislature to compel
municipal corporation TO establish and
pay for city parks; they have denied
the right Of the legislature to COM
pei city TO bear the whole expense
Of county buildings; statute COM
polling a town or other municipal cor
poration TO become a stakeholder In a
railroad or other corporation by ex-
changing its bonds for stock. without
consent, has been declared to be un-
con stitutional All of these cases are
taken from the note to this case re-
ferred to in forty eight Lawyers Res
ports Annotated.
Reluctant Conclusion.
From a careful consideration OF these
cases the court has reluctantly come
| TO the conclusion that such a request
of the city as Is asked for In this case
would not be upheld. Passing by the
question Of the legality of compelling
tire city 10 expend this money as de-
signated upon the roads, the city un-
douhtedly has the right to do SO should
II see fit, and when there Is taken into
consideration the fact that these roads
leading into the city arc feeders for
! the city. are very largely used by par
/ ties bringing produce 10 the city for
| sale there. the fact that the citizens
| OF Richmond use these roads very
( largely for their pleasure and enjoy
| ment. and the further fact that par.
! ,icuiariy Brookland district and Fair
I field district viii, for some years to
/ nd until thew hava a
readjusting, be very much crippled by
/ reason OF the fact of the annexation
/ of so great a part of their territory
{ in value, the court thinks that the city
would be oDlN doing its duty should
/ it, within the next four or five years, as
sst the county to the extent of at least
| 81 200 I'm the upkeep OF these roads
outside OF the annexed territory lead
/ ING into the city.
4 II was earnestly insisted in argument
that as the. language OF the act said
I that the county should be compen-
! stated for the school buildings and not
/ that the county should be paid for the
! same, that then, any portion of the
! school debt, which the school district
4 had 10 assume should he deducted from
! the value of the school buildings. or
| else the districts would be more than
/ compensated. Had there been a spe-
I cine litn on tUt lllutNlNhdi properties
taken in for the purpose of erecting
! the properties and the lien on upon
/ these properties the court is of opin-
/ ION that this contention would hold,
/ but where the act clearly contemplates
| that a pro rata proportion OF the In
/ debtedness of the county shall be borne
! by the city. and that in addition there
| to it shall also pay for public school
! buildings, the court ls of the opinion
that the contention or the city is not
! sound.
For instance, had there been
school debt and the city took in no
school buildings under this statute the
court is clearly of the opinion that
/ a pro rata proportion OF this debt
/ would have to be paid by the city. In
/ other words. it Is a debt OF the dis
! trict and not upon the individual prop
/ erty alone, The court hesitated for
/ awhile whether or not the school dis
] trict debt was a debt of tho county.
! but after consideration 1t is satisfied
that This is such debt as should be
4 included
In arriving at it's view in regard to
1 Ginter Park the court has taken into
! consideration the vast amount CT i'm
provement which has been done in
! Ginter Park and the contemplated i'm
/ provement, and the fact that II re-
celves very little compensating bene-
| fit has brought the court 10 the opin-
/ ion that II should have special pro-
visions made for 1t in this proceed
/ ing
Courts Decree.
I'm the decree Of the court IT, was
/ decided that annexation should take ef-
feet September !. 1914
r. e. Byrd asked the court II this
eosld not bs modified 90 49, 70 take