The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1914-01-16
CONVICT LIME ACT
| FULLY UPHELD BY
SUPREME COURT
Opinion Declares State
Is Exercising It's Po-
lice Powers.
NO TRANSFERS ON
SEVEN PINES LINE
Residents of Henrico Lose Their
Fight for Privilege on Appeal
From Cornmission-Y. M. c.
A. Wins It's Contention
as to Tax Assessment.
Many Cases Decided.

The Supreme Court OF Appeals yes
tcrday held that tho convict lime
grinding law. enacted by the Genera
Assembly in 1912, was constitutional
AT the same time. the court estab
lished the right OF Young Mems Chris
tan Associations to claim eXempti ioT
from taxation. and supported the C,t!
Council of Richmond and the stat,
Corporation Court III allowing tho
Richmond and Rappahannock River
Railway Company TO discontinue tn,
transfer privilege at Twenty ninth ant
T. Streets.
III the lime grinding opinion. writ
ten by Judge Harrison, the court d..
clarcd that the law. violates neither
Article 1S5 Of tho Constitution, for.
In internal improvements, nor Article
lSs, forbidding tho State to employ
public funds for private purposes
The lime manufacturers asserted that
this bill was an attempt on the par,
Of the state to furnish cheap lime tc
treasury.
Lime Grinders Go to Court.
The General Assembly OF 1912 passed
the measure providing for the cm
ployment OF State prisoners at lime.
grinding plants to be erected by tho
state. The sum of $4,000 was appro.
pr;ated for the building of two plants
and their equipment. The lime srounc
by tie conviCts is to be sold directl,
20 the farmers of the State at price
Thich will pay for the cost of manu-.
facturc and allow a reasonable inter.
est on the capital Invested. a lime
grinding board, consisting of the Gov
otnor the Superintendent of the Sta.c
Pcnitcntiary and the State corlmis.
stoner OF Agriculture. was appointed
TO carry out the provisions OF the act
"a TOR he
manufacturers of the State entere.
suit under the style OF the Shenandoah
Lime Company, against the Governor
of Virginia, in the Circuit Court OF tn.
city of Richmond, to enjoin the Stat,
from putting the law into operation
The application for injunction. which
was returnable against Governor
Mann. the Superintendent of the Peni-
tentiary, the Commissioner of Agri.
culture. the State Auditor and the
Stale Treasurer, was refused by The
lower court. An appeal from the de-
ciSion was at once taken.
Dominant Purpose of Act.
The opinion declares that '.he tlon,i.
nant purpose OF The act is to provid.
employment for certain long term OF
dangerous convicts. and the other prD-
'isions are merely tributary to that
end" but the manufacturers asserted
that the real purpose of the act was
that ii has no authority TO go beyond
the actual text OF the act where il is
OF an unambiguous character, and that
while the Governors message and the
Legislative Journals may give = diff
fcrent impression of the avgwed objec,
only the purpose stated in the act it
self which is to furnish employment
to convictS.
In passing upon the constitutionality
of an act, says the court, the piece OF
legislation is always considered con-
stitutional until strong proof is given
that II is counter to the Constitution
The court has no right. the opinion
says, to judge whether tho act be wise
or proper. unless il runs directly
against the State or Federal Constitu-
tions. In the lime case, it adds, the
State is exercising its police powers
which are broad. and should not be
son.
Transfer Ruling Valid.
In an opinion written by Judge Har-
rison. the Supreme Court afiirms the
action of the State Corporation Com
mission In refusing to interfere with
the action of the City Council OF
Richmond in permitting the discon
tinuance OF street car transfers at
Twenty-ninth and p Streets. The case
Was Stylcu, the commonwealth or VIZ
ginia, at the relation of Dowden,
against the Richmond ana Rappahan-
mock River Railway Company. and
was appealed from the Corporation
Commission.
When the Virginia Railway and
Power Company sold the Seven Pines
line to the Richmond and Rappahan-
mock River Railway Company in 1912,
one of the first acts Of the new own
ers was to apply to the City Council
for an amendment to the franchise of
the Seven Pines line, allowing the
elimination of transfers. The amend
ment was granted, and no transfers
have since been issued Residents of
the country through which the road
runs carried the matter before the
State Corporation Commission, on the
ground that the amendmeht had not
been passed in legal manner, and
that tho railway company could not SO
alter It's fare without permission from
the commission.
The commission held that the streets
belong to the city. and that therefore
the city has complete control over the
the use of the streets are allowed by
franchise, The same view was taken
by the Supreme Court
Y. NJ. G. A. Wins It's Point.
state Auditor C. Lee Moore lost his
fight to tax organizations which rent
rooms and. charge fees. when the court
handed down an opinion sustaining
the action Of the lower court in the
case Of the Commonwealth of Vir-
ginia against the Lynchburg Young
Mems Christian Association. At the
request Of the State Auditor, the At
torney-Genera1 some time ago brought
suit In the Corporation Court Of
Lynchburg to obtain an alleged cor
rection in fhe tax assessment of the
Lynchburg Young Mems Christian AS.
ISOLATION. Under the article exempt
Continued On Ninth PaEe)