Prison Ass'n Of Va. v. Ashby

Decision Date05 October 1896
Citation93 Va. 667,25 S.E. 893
PartiesPRISON ASS'N OF VIRGINIA. v. ASHBY.
CourtVirginia Supreme Court

Statutes—Titles of Acts—Constitutional Law —Supreme Court of Appeals—Jurisdiction.

1. Act Feb. 27, 1896, is entitled "An act in relation to commitments of minors to Prison Association of Virginia and their custody." Sections 1 and 2 provide that no person shall be committed to or detained in the prison association after he is 21 years old, under what circumstances minors may be committed to the association, and how and at whose expense they shall be conveyed to it. Section 3 provides that jurisdiction of all habeas corpus and other proceedings to test the right of said prison association to retain custody of such minors as shall be committed, etc., to its custody, shall be exclusively in the circuit court of Richmond. Held, that the subject of section 3 is embraced in the title of the act, within Const, art. 5, § 15.

2. Section 3, Act Feb. 27, 1896, is not unconstitutional because it takes away the jurisdiction of all the state courts, except that of the circuit court of Richmond, to award writs of habeas corpus where parties are alleged to be unlawfully detained in custody by the association.

3. Const, art. 6, § 2, providing that the supreme court of appeals shall have appellate jurisdiction only, except in cases of habeas corpus, mandamus, and prohibition, does not confer jurisdiction on such court in cases of habeas corpus, etc., but simply invests such court with capacity to receive original jurisdiction in those cases in the event the legislature shall see fit to confer it.

Error to circuit court, Washington county; John P. Sheffey, Judge.

Petition by William Ashby for a writ of habeas corpus to obtain his discharge from the custody of the Prison Association of Virginia, to which he had been committed. There was a judgment granting the writ, and the prison association brings error. Reversed.

Fulkerson, Pag & Hurt and J. Randolph Tuck, Jr., for appellant.

John J. Stuart, for appellee.

BUCHANAN, J. A number of Interesting and important questions were raised and discussed in this case, but, in the view we take of it, the only question that it is necessary for us to decide is the constitutionality of an act of the general assembly approved February 27, 1896.

The first objection to the validity of section 3 of the act is that its title gives no intimation of the legislation contained in that section, and that it is therefore void, because not passed in conformity to section 15, art. 5, of the constitution.

The act is entitled "An act in relation to commitments of minors to Prison Association of Virginia and their custody." it contains four sections.

The first section provides that no person shall be committed to or detained in the prison association after he has reached the age of 21 years.

The second section provides under what circumstances minors may be committed to the association, and how and at whose expense they shall be conveyed to it.

Section three provides that "jurisdiction of all habeas corpus and other proceedings to test the right of said Prison Association of Virginia to retain custody of such minors as shall be committed, or surrendered or received into its custody shall be exclusively in the circuit court of Richmond."

The fourth section provides that all acts or parts of acts inconsistent with the act are repealed. Acts 1895-96, pp. 521, 522.

The rule or principle established by this court for determining whether the title of an act is sufficiently comprehensive to embrace the various provisions which are contained in it, under the requirement of section 15, art. 5, of the constitution, is this: That, although the act or statute authorizes things of a diverse nature to be done, the title will be sufficient, if the things authorized may be fairly regarded as in furtherance of the object expressed in the title. All that is required by the constitutional provision is that the subjects embraced in the statute, but not specified in the title, are congruous, and have a natural connection with, or are germane to, the subject expressed in the title. Brown's Case, 91 Va. 762, 771, 772, 21 S. E. 357, 360, and cases cited; Ingles v. Straus, 91 Va. 209, 21 S. E. 490.

A provision in the act providing what court shall have jurisdiction to determine whether or not the minors committed to and held by the prison association are lawfully in...

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13 cases
  • Porter v. Com.
    • United States
    • Virginia Supreme Court
    • June 6, 2008
    ...Court since it was decided in 1888. See Combs v. Commonwealth, 90 Va. 88, 90, 17 S.E. 881, 881 (1893); Prison Ass'n of Virginia v. Ashby, 93 Va. 667, 671, 25 S.E. 893, 894 (1896) (citing Ewell for the proposition that "whatever jurisdiction this court exercises must be by virtue of some sta......
  • State v. Mckinney
    • United States
    • Montana Supreme Court
    • January 23, 1904
    ...492;Newark v. Mt. Pleasant, etc., Co., 58 N. J. Law, 168, 33 Atl. 396;Barksdale v. Laurens, 58 S. C. 413, 36 S. E. 661;Prison Ass'n v. Ashby, 93 Va. 667, 25 S. E. 893;Weber v. Commonwealth (Ky.) 72 S. W. 30. Fifth. If the court, after an application of all these principles, is still in doub......
  • State v. McKinney
    • United States
    • Montana Supreme Court
    • January 23, 1904
    ... ... N. J. Law, 168, 33 A. 396; Barksdale v. Laurens, 58 ... S.C. 413, 36 S.E. 661; Prison Ass'n v. Ashby, 93 ... Va. 667, 25 S.E. 893; Weber v. Commonwealth (Ky.) 72 ... ...
  • City Of Roanoke v. Elliott
    • United States
    • Virginia Supreme Court
    • September 19, 1918
    ...L. R. A. 676; Commonwealth v. Moore, 25 Grat. (66 Va.) 951; Vn. Tenn. C. & I. Co. v. McClelland, 98 Va. 424, 36 S. E. 479; Prison Association v. Ashby, 93 Va. 667. 25 S. E. 893: Whitlock v. Hawkins, 105 Va. 242, 53 S. E. 401; Button v. State Corp. Com., 105 Va. 634, 54 S. E. 769; Willis v. ......
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