Shenandoah Lime Co. v. Governor

80 S.E. 753, 115 Va. 865, 1914 Va. LEXIS 143
CourtSupreme Court of Virginia
DecidedJanuary 15, 1914
StatusPublished
Cited by32 cases

This text of 80 S.E. 753 (Shenandoah Lime Co. v. Governor) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Shenandoah Lime Co. v. Governor, 80 S.E. 753, 115 Va. 865, 1914 Va. LEXIS 143 (Va. 1914).

Opinion

Harrison, J.,

delivered the opinion of the court.

This appeal involves the constitutionality of an act of the General Assembly of Virginia, known as the “Convict Lime Grinding Act,” which was approved March 14, 1912, and is found in chapter 295 of the Acts of 1912, page 586.

In approaching this question, it is unnecessary to do more than cite the latest utterance of this court touching the principles by which it is governed in considering the constitutionality of a law, which is found in Ex parte Settle, 114 Va. 715, 77 S. E. 496, where it is said: “The principles by which this court is governed in considering the constitutionality of a law have been too frequently the subject of judicial decision to require the citation of authority. Every presumption is made in favor of the constitutionality of an act of the legislature. A reasonable doubt as to its constitutionality must be solved in favor of the validity of the law, and the courts have nothing to-do with the question whether or not the legislation is wise and proper, as the legislature has plenary power, except where the Constitution of the State or of the United States forbids, and it is only in cases where the statute in ques[868]*868tion is plainly repugnant to some provision of the Constitution that the courts can declare it to be null and void.”

The bill in this case was filed by a number of Virginia corporations and firms 'engaged in the business of manufacturing agricultural lime, suing on behalf of themselves and all other taxpayers of the Commonwealth to enjoin the Governor of Virginia, the Superintendent of the Penitentiary and the Commissioner of Agriculture, who constitute the board appointed by the act mentioned, and the Auditor of Public Accounts and the State Treasurer, from carrying out the provisions of the act or expending any State funds to that end. From a decree of the circuit court dissolving a preliminary injunction that had been awarded and dismissing the complainants’ bill this appeal has been taken.

In their bill of complaint and in their petition for an appeal, appellants assail this “Convict Lime Grinding Act” upon th’e ground that it violates article 185 of the Virginia Constitution, which forbids the State from becoming a party to or interested in any work of internal improvement, except public roads, or engaged in carrying on such work; it being further insisted that, if this position is not sustained, the act is obnoxious to article 188 of the Constitution because it appropriates public funds for a private purpose or business, and because it amounts to the taking of the property of the appellants without due process of law, contrary to the fourteenth amendment of the Federal Constitution.

The title of the act under consideration is: “An act to provide for “the working of certain long term or desperate convicts by the Superintendent of the Penitentiary, the Governor and the Commissioner of Agriculture for the manufacture of ground limestone and oyster shells, and incidentally for the disposition of the same, and the by[869]*869products suitable for road construction, to tbe citizens of tbe State.”

Tbe preamble of the act is as follows: “Whereas, it is the policy of the State to work as many of the convicts confined in the penitentiary as possible for the building and maintenance of roads, and when on account of character or disposition it shall be expedient so to work them, to provide suitable employment in quarries, where they can be guarded and their product sold.”

The body of the act carries out the purpose expressed in its title and preamble. It directs that the convicts be put to work grinding oyster shells and limestone rock, provides the material upon which they are to work and the instrumentalities with which they are to do the work, and further provides for the sale of the product of their labor and for their support and keep from the proceeds. The act appropriates $30,000 for the purpose of carrying its objects into effect, and provides that the ground limestone and oyster shells shall be sold for cash and at a price which shall repay the State for the maintenance, guarding and service of the convicts, for interest on the amount invested in machinery, the upkeep of the machinery, the cost of the rock, shells, etc.;, and further provides that the board appointed by the act shall dispose of any by-product of the quarry or oyster shells for road or other purposes to any of the citizens of this State for a fair price, and other details not necessary to be mentioned.

It is apparent from the title, preamble and the body of this act that its dominant purpose is to provide suitable employment for certain long term or dangerous convicts confined in the penitentiary, and that the other provisions of the act are merely tributary to that end. This is practically conceded in clause seven of appellants’ original bill of complaint. Appellants, however, do not rest their case alone upon the act as it was actually passed, but insist [870]*870that the Governor’s message, the entries on the House Journal and the original draft of the act contradict the avowed purpose of the act as passed, and show that the real motive of the legislature was to embark the State in private business in competition with appellants and other private manufacturers, so as to enable it to furnish cheap ground lime to farmers at the expense of the public treasury.

Without expressing any opinion upon the merits of the contention that the matters relied on outside of the -act show a different intention from that expressed on the face of the law that Avas 'enacted, it is sufficient to say that the motives, purposes or intention of the legislature have no existence in laAV where its enactment is plain and unambiguous on its face, except- as those motives may be disclosed on the face of the act itself. It is only where the true meaning of the language used in a statute is doubtful or so obscure that the meaning of the legislature cannot be determined by giving the words used their ordinary and natural signification, that resort can be had to the journals or other extraneous sources of information for aid in arriving at the true meaning of the language used in the statute.

In 36 Cyc. pp. 1137-8, the law is thus stated: “The intention of the legislature, to Avhich effect must be given, is that expressed in the statute, and the courts avüI not inquire into the motives which influenced the legislature or individual members, in voting for its passage; nor indeed as to the intention of the draftsman, or of the legislature, so far as it has not been expressed in the act.”

In Soon Hing v. Crowley, 113 U. S. 703, 710, 5 Sup. Ct. 730, 734, 28 L. Ed. 1145, Mr. Justice Field, speaking for the Supreme Court says: “And the rule is general with reference to the enactments of all legislative bodies, that the courts cannot inquire into the motives of the legisla[871]*871tors in passing them, except as' they may be disclosed on the face of the acts, or inferable from their operation, considered with reference to the condition of the country and existing legislation. The motives of the legislators, considered as the purposes they had in view, will always be presumed to be to accomplish that which follows as the natural and reasonable effect of their enactments.”

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Bluebook (online)
80 S.E. 753, 115 Va. 865, 1914 Va. LEXIS 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shenandoah-lime-co-v-governor-va-1914.