Martin's Ex'rs v. Commonwealth

• Decision Date: 30 March 1920
• Parties: MARTIN'S EX'RS . v. COMMONWEALTH.
• Court: Virginia Supreme Court

102 S.E. 724

MARTIN'S EX'RS .

v.COMMONWEALTH.

Supreme Court of Appeals of Virginia.

March 30, 1920.

On petition for rehearing. Rehearing refused.

For original opinion, see 102 S. E. 77.

KELLY, P. The petition for rehearing presents no points which have not been fully considered and disposed of, either expressly or by clear implication, in the foregoing opinion, with the exception of the contention, made now for the first time, that the West fee bill (Acts 1914, c. 352) violates article 4, § 64, of the Constitution, providing that no general law shall be suspended in its operation "for the benefit of any private corporation, association or individual.'' In support of this contention it is pointed out that section 10 of the act provides, that—

"The provisions of this act limiting the compensation of said officers shall not be effective until the expiration of the terms of office of the present incumbents in the city of Richmond."

There is also in an amendment to the act (Acts 1916, p. 792) a provision that the same should not apply to Prince George county until January 1, 1918.

If it be conceded that the act violates article 4, § 64, in the particulars referred to, the only effect of such violation would be to rendder the suspension inoperative, and the act in all other respects would remain in full force and effect. The provision containing the suspension would simply be treated as a nullity. Black v. Trower, 79 Va. 123, 127; Trimble v. Commonwealth, 96 Va. 819, 821, 32 S. E. 786; Robertson v. Preston, 97 Va. 296, 300, 301, 33 S. E. 618.

The rehearing is refused.