Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1922-02-17
HOLDS WAR MEMORIAL
ACT Unconstitutional
Colonel Lcakc Says Bonds
Cannot Be Legally Issued
for This Purpose.
PROVISIONS OF LAW ARE CITED
Richmond Attorney Believes Not n
Dollars Worth Could DC sold lie
cnuSc OF Dcfect-pcoplc whole
Hcnrtcdly nehtnd Project.

Hcnrtedly Dchind Project.
That the act of Assembly authoriz-
ing the library board to issue bonds
for the erection OF a memorial to the
NirEinians who served in the World
War is unconstitutional is the belief
expressed by Colonel David H. Lcakc.
well-known Richmond attorney. in an
interview given out yesterday. Col
oncl Lcakc's statement follows:
While the General Assembly is in
session, and the whole subject is
under discussion, IL seems appro-
pirate to direct attention TO the APP
parent unConstitutionalityo OF the act
providing FOR the erection of a me-
mortal building tChap. $40. Acts of
1920.
This act seems TO be unconstitu-
tional in two particulars: First. In
authorizing the library board to Dor
row sl.5000o0, and to issue It's bonds
therefor. secured by mortgage or
deed of trust on what is known as
the Ford lot acquired by the State
from the city of Richmond in cx-
change for portion OF the Capitol
Square), and any building or build
inSs erected thereon. The interest
on these bonds anu n sinking fund
are to he provided for by appropria-
tons out OF the public treasury
Provisions of Consultation.
section lis of the Constitution. as
recently amended. to allow the is
suancc OF bonds for road purposes.
not heretofore permissible, provides
that
No debt shall! bc contracted by tho
state except 10 construct on recon-
s'rGCi public roads, to meet annual
"S"S.ts IN me revenue, to redeem "A
previous liability of the State. tn
press ihSarrection. rcpel invasion
or defend he state in time of war
No script, certificate or othcr cvi.
"'hec OF state Indebtedness shall h,.
'sSG'd except for the transfer or
exemption OF stock previously is
'dS"' or Tor such ucbts As ar. ,x
l'esSiE authorized by this Constr.
tuition
ii is perfectly obvious Ina, the ac,
however benign itS purposes may he
i"" no such objects as defined by the
,"hS' 'tuii"na; provision just men.
tiunc:
Tha' The property is to be ac.
N"'!'" D! 'he Library Board. which
- !" issue the bonds and give ,bn
mortgaSc To secure il. does no, 10
"udr the transaction of its public
I,nar"c,er ,Hhiliips VS.. University OF
,irEihi", - Va, 47D, or make tho
"cnr any the less Il State debt.
inns is sufficiently evident when
~ Is recalled that State propcrtv-
!hoceo' part of the Capitol Square
sseil-was traded for the Ford lot
~ me transaction; that the interest
on the bonds and a sinking fund ia
retre them arc to he provided from
appropriations made out Of the n,h
nc treasury; and that the act itself
makes direct appropriation out or
the Treasury of 100000, which IL IN
3" INTO the building and thus be part
"ccurlt! LOT the issue oc bonds
Payment Clause Illegal.
second: The act Is further uncon
stitutional in that il authorizes thc
Library hoard 10 pay the proceeds
OF the bonds to the Treasurer OF the
stare, To he deposited by him 10 the
cteoit or the memorial! library fund
ana paid out by him. in accordance
win the terms and requirements OF
section 1913 Of the Code OF 1919 that
is. by warrants drawn by the Auditor
OF Public Accounts, on the order or
the Library Board, evidenced by the
poards warrants signed by the
chairman OF the board and at.ested
by the secretary
BY section lS6 Of the Constitution
IT is provided that:
NO money shall he paid out of
the state Treasury except in pur-
Suahce OF appropriations made by
law, and no 'appro briation shall
he made whiclt-is payable more than
TWO years after the end of the Cen
eral Assembly at which the law is
enacted authorizing the same
Under the act. the Library Board
-, - autnorized 10 pay out OF the State
teasnry this vast sum of money
Withont any special approximation
therefor. and even ~ the act could
~" SAID 10 DC an appropriation OF the
money for the purposes mentioned
Nhich Is not believed 10 be the case
Since the exact amount Of the sum
T'presented which will he realized
rom the sale Of the bonds. assuming
'ha' ihey could be sold. is not and
cannot now h" kaowr-the ,imc a,
which the money is to he paid ont
IS not limited TO the two years pro
N!hcd by tho Constitution. bur nav.
Inent thereof is permitted at any IN
turc time.
y" hche"tion Upon nonrd.
NO reflection. Of course. IL in.
'ehdcd upon the Library Board, com.
posed as ~ is. Of citizens OF hiGl
character and great ability. and IN,
CONSCIOUSNESS OF that very fac
serves TO explain why legislation .,
this Character was enacted nv m.
General Assembly.
II is not believed however. ,ha,
dollars worth ot bonds can be sol,
under this act, because of 10 nncon
stituiionali,y. and that, therefore il,
whole object Will fan. and tina, an,
money now spent on the project on
OF the special appropriation made b,
inc Genera! Assembly Will be wasted
The people OF this State. It is be
ieved. whole heartedly favor IN,
erection or constitution Of a sni,,tu
memorial TO the veterans OF IN,
great war in memory of their deed
OF Vaior and heroism. and will douh,
Jess approve OF direct appropria
non or special tax for that pur
pose. but II is an anomaly to unan-
Jake to remember those who fourh,
pied and died for democratic ideal
IN an unconstitutional way"