Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1918-11-15
HOVER COURT UPHELD
in SWAMP LAND CASE
Judge Prcntis, in Supreme Court OF
Appeals, Declares Act Not Tn
ttsssF constitutional in Toto.
ONE SECTION Is HELD INVALID
State Corporation Commission De-
rfsion Reversed in Celebrated
ssssiC Case of Southern Railway vs.. Abe
marie CouLty-OthCr Opinions.

Judge Robert l. rrcn;iS, in the SUI
prerne Court of Appeals yesterday.
h6nddcd down an opinion holding that
stheS act amending and r.-enac,ing tho
act relating to the draining Of swamp
landyorerfowed lands of the State was
3 nor .nnconstitutional in toto even If in
Dart. The opinion was handed down in
5Shs case OF Strawberry Hiil Land Cor
tporation vs.. Starbuck c; al. which was
5iups9n an appeal from the decision OF
stEtalscourt held unconstitutional that
a:part9of section two providing for the
garment OF preliminary costs by the
.hoard OF Supervisors. The Judgment
$2f5the lower court was affirmed. Judge
kiRTentfs takinE the position that the
;slnSalidity OF the provision in question
sdid,not ipso facto invalidatc the whole
The Supreme Court of Appeals yes
9 SeEdaE entered an order reversing the
state Corporation. Commission in the
celebrated case of the Southern Rail
way vs. County Of .Nhcmaric. The case
involved the construction Of a double
Track railway over an established
county road. The particular no!nt re-
ilated to the building OF an undcrpass
Tor the old county road. at the expense
= the railroad The State Corporation
Commission fixed grade as requested
by the Board OF Supervisors OF the
county. The upper court revcrscs that
spart!of the order by directing that the
and convenient grade and that. owing
TO, war conditions, reasonable time
shall be allowed for building. The
commission is affirmed on the PROPOSE
ton directing that underpaSS shall be
butt. One effect Of the decision is that
the undernaSs will be right angle af-
fair, instead of being ''skewed" TO con
form to the angle 1T which the road
formerly crossed the railway.
SC0URT RENDERS OPINIONS
5.ys(S e COVERING MANY CASES
Foilowing is a summary OF the opin
ions. handed down:
BY the court-McCormick VS. Nc.
Cormick. Circui, Court of Rockbridge
affirmed
by Judge Stafford G.. White. prcsi.
vs. Union Trust Com
pany Of New Jersey. ct ais. Circuit,
Court of Rockingham: orders affirmed
southern Railway Company VS. Powell
ctfa1s.. Circuit Court of Nelson: judr
ment anirmed. Baylor VS.. Hoover. Cor
poration Court OF stanton; Judgment
reversed. Radcliffe and wife VS. Me
Donaid's administrators. Circuit Cour,
OF Roclibridge: judgment reversed
BY Judge Joseph l.. kelIy-Calhour
Judgment affirmed. Wright, Ell al. VS.
Wright. ct al. Circuit Court OF Abe
marie: decree affirmed. Turk ". Mar
TIN. CIRCUIT Court of Augusta: judg-
ment affirmed. Town of Strasburr vs.
Chandler. ct al. Circuit Court OF Shcn-
: andoah: decree reversed.
BY Judge Frederick w. Sims-John
son vs. Mundy. ct al. Circuit Court OF
lottesville vs. Jones. Corpora
ton Court of Charlottesville: judgmcn,
4 afhrmed. Tomlin VS.. Commonwealth
Circuit Court of Amherst; reversed in
part Riddleberger Us. Commonwealth
s Circuit Court of Shcnandoah. Judgment
reversed.
BY Judge Robert 4. Prentis--Smoot.
OF iafs. VS.. B!bb. ct ais. Circuit Court
y OF Amherst; judgment affirmed uir-
!, sEinbotham. administrator. VS. HiEsii, :
y botham, Corporation Court OF Staun-
tons decree affirmed Strawberry lIill
Land Corporation US. Starbuck. ct al,
circuit Court of Henrico: decree af.
fEmed. Manor. CT ais vs. Hindman.
Circuit Court OF Shenandoah: Judgment
amended and affirmed.
Icy Judge Martin l.. BurkS--Cunrad
rs@Conrad's executor ct ais Corpora
ton Court of Winchester. decree az.
hrmed. Irvine VS.. City of Clifton
Forge. Circuit Court of Clifton Forge:
judgment reversed. Rust. .; ais rs
Reid. CT ais. Corporation Court of
Stanton; decree reversed Southern
Railway Company VS. Commonwealth.
state Corporation Commissions; order
reversed.
Virginia Iron, Coal and Coke Com
s pany US. CIayton's.: administrator. cir
cult Court OF Rotetourt County: iudc
ment affirmed by'1dltidcd court