Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1923-06-01
Daniel Kelleher Will Test Cedar RustI
Law In Federal Courts.

Ito him by the Constitution of The
United States.
| That if after the removal of sale
cause said United States District Cour
should proceed to ascertain the dam
ages to be awarded defendant for the
destruction of said cedar trees, the
petitioner shall demand that a jury
trial be given him to ascertain sale
| damages.
| That neither at the time of the com
mencement of these proceedings mol
at any time Since February &c, 1929,
has said purported act of said legis-
lature or any amendment thereof beer
in force, either in said Shenandoah
County or the said Ashby Magisterla
District, in which said land known as
1.-The Mount Airy Farm" is situated
That at no time have Ia majority OF
said county or said magisterial district
requested the adoption or acceptance
OF said legislative act or any amend
ment thereof by petition addressed to
! the Circuit Court of Shenandoah Coun-
ty, or any other court. On the con.
trary large majority, to-wit, more
than 80 per cent of the qualified voters
OF said county and said magisterIal dis
trict are now strongly opposed to the
adoption or acceptance of said legisla-
| tive act or any amendment thereof for
| their said county or said magisterial
| district. And said Board of Super
visors are now and have been at all
times opposed TO- adopting, accepting
or approving any law that would allow
or require any cedar trees in said mag
isterial district to be cut down or de-
stroyed unless the trees were situated
within mile of an apple orchard.
That none of the cedar trees on said
land of defendant is situated within
radius of one % mile of an apple or
chard.
That at no time since the purported
amendment 10 the said legislative act
was enacted, to-wit, March 16, 1920,
(by which cedar trees were liable to
be cut down or destroyed that were
situated within two (2) mile distance
of an apple orchard instead of a one
o. mile distance, as provided in the
original act have the Board of Super
visors of said county or said magis-
terial district by a recorded vote or
otherwise, adopted, accepted or ap-
proved said law for said magiSterial
district and there is now in force or
effect in said magisterial district no
acceptance or adoption of said legisla-
tive act or any amendment thereof.
On two occasions only have said
Board of Supervisors ever taken any
action on said legislative act or amend
ment thereof, SO far as it relates to
said magisterial district, viz:
First, on February IA, 1916. (when
said one % mile limit was in effect
said board adopted and approved said
act for said magisterial district.
Second on February 26, 1929 petit
ton signed by amajority of the qualified
voters of said county and said magis-
terial district was presented to said
Board of Supervisors setting forth that
it was injurious to the people of said
county and said magisterial district TO
have said legislative act any longer in
force at any place within said county
or said magisterial district and praying
that said board should revoke and
rescind all orders heretofore made by
them adopting or accepting said Cedar
Rust Law at any place within said
county or said magisterial district.
Said petition set forth that the enforce
ment of the Cedar Rust Act in said
county was resulting in the destruction
of property vastly out of proportion
and value to the benefits to be derived
therefrom and in the taking of prop
erty from many for the benefit of the
few without a 1.-THE of what would be
just compensation therefor
On said 26th day of February, 1923,
said Board of Supervisors. while duly
in session, by unanimous vote duly
granted said petition and duly entered
an order reciting that in their opinion
the benefits accruing to the people
from the destruction of cedar trees in
said county were no longer sufficient
to justify said destruction and duly
ordered that all actions heretofore
taken by said board in said county
adopting or accepting said cedar rust
law and especially said action of Feb
ruary IA, 1916, adopting said law for
said magisterfal district be rescinded
and said board then and there duly
ordered as follows, viz s:
Said Act OF Assembly referring to
the Cedar Rust Law and sections $50
and 1893 inclusive of the Code of Vir-
ginia embodying the provisions of this
act as amended, shall no. longer be
operative in any part of this (Shenan-
doah) County"
DANIEL KELLEHER,
PETITIONER.