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Richmond Times Dispatch
Richmond Times Dispatch
Contributed by Susan

Description: Rulings on Sunday Law Made by Supreme Court Judgment of Lower Tribunal in Blue Statute Case Reversed Fine for Minister Upheld Action by Judge Scott Punishing Rev. T. E. Boorde for Contempt of Court Sustained

Date: November 17 1922

Newspaper published in: Richmond, VA

Page/Column: 14

Rulings on Sunday Law Made by Supreme Court Judgment of Lower Tribunal in Blue Statute Case Reversed Fine for Minister Upheld Action by Judge Scott Punishing Rev. T. E. Boorde for Contempt of Court Sustained

The Supreme Court of Appeals of Virginia yesterday handed down opinions in 40 cases in which prohibition cases played a major part. Practically all of the lower courts were sustained in their verdicts imposed on the violators of the prohibition laws of the State.

The Circuit Court of Roanoke was reversed in its judgment in imposing a fine of $75 on the Lakeside Inn Corporation of Roanoke County, which operates a swimming pool between Roanoke City and the town of Salem. The company was charged with "maintaining on a Sunday a public resort used for the purpose of bathing and swimming and keeping employees engaged from 1:30 p.m. to 6:30 p.m., in selling admission tickets to the pool and in furnishing bathing suits and towels and collecting therefor." The high tribunal held that the necessity mentioned in the Sunday law is not a physical necessity, but a moral fitness or propriety of the work or labor done under the circumstances of the particular case.

Fine for Minister Stands

The court sustained the judgment of the Circuit Court of Augusta County in imposing a fine of $25 and costs on the Pirkey Brothers for operating the "Grottoes of the Shenandoah" on
Sundays and charging an admission. The opinion of highest tribunal was that sightseeing was not a necessity on Sunday. The case originated in the Circuit Court of Augusta and the complainants were members of the congregations of several churches in the vicinity of the caves.

Judge R. Carter Scott of this city, who sat as a special judge in the trial of Rev. T. E. Boorde of Bedford County, charged with contempt of court, and who fined the minister $25 and costs, was sustained in his judgment by the Supreme Court. The minister criticized Judge P. H. Dillard of the Circuit Court of Bedford County for rulings in certain prohibition cases. The remarks were made at the annual meeting of the Strawberry Baptist Association, one of the same being: "brave men might seek to uphold and enforce the laws, but so long as they are not supported by the officers of the courts, there can be little change in conditions."

New Trial Granted Barnard

A new trial was granted to E. S. Barnard, convicted of second degree murder for the killing of Dr. Herman Poff in Floyd County. The Supreme Court yesterday reversed the lower curt's judgment. One of the points upon which the reversal was based was that certain statements made by Poff after he was shot were not dying statements, nor yet a part of the res gestae.

The Supreme Court affirmed the Circuit Court of Nelson County in giving Deary Carr one year in the State Penitentiary or killing Dock Snead.

Houston Sims of Botetourt County must serve 20 years for killing Peter Philpott. The verdict of the lower court was second degree murder and the higher tribunal affirmed the same.

Other Opinions Handed Down

The opinion as handed down by the several judges of the Supreme Court were as follows:

By Judge Joseph L. Kelly, president:

Boorde vs. Commonwealth, Circuit Court of Bedford. Judgment affirmed.

Carr vs. Commonwealth, Circuit Court of Nelson County. Judgment affirmed.

Director-General of Railroads vs. Blue, Corporation Court of the city of Charlottesville. Judgment affirmed. Judge Burks dissenting.

Massie vs. Firmstone, Circuit Court of Augusta County. Judgment affirmed.

Southern Railway Company vs. Watts, Circuit Court of Amherst County. Judgment affirmed.

Buzzard vs. Commonwealth, Circuit Court of Augusta County. Judgment reversed.

Rickard vs. Rickard et al, Circuit Court of Shenandoah County. Judgment reversed.

By Judge Frederick W. Sims:

Claytor vs. Commonwealth, Circuit Court of Augusta County. Judgment affirmed.

Brophy vs. Commonwealth, Circuit Court of Nelson County. Order affirmed.

Gardner vs. Commonwealth, Circuit Court of Wise County. Judgment affirmed,

Zimmerman vs. Town of Bedford, Circuit Court of Bedford County. Judgment affirmed.

Gutshall vs. Hamilton et al, Circuit Court of Highland County. Judgment affirmed.

Cox vs. Corporation Court of City of Charlottesville. Decree affirmed.

Davis, Trustee, et al. vs. Beury et al, Circuit Court of Alleghany County. Decree amended and affirmed.

Long, by etc. vs. Harrison et al., Circuit Court of Rockingham County. Decree reversed and remanded.

By Judge Robert R. Prentis:

Sager vs. Commonwealth, Circuit Court of Rockingham County. Judgment affirmed.

Brunner vs. Cook et al., Circuit Court of Roanoke. Decree affirmed.

The National Mill and Lumber Corporation vs. Counts, Circuit Court of Alleghany County. Judgment affirmed.

Black vs. Black, Circuit Court of Rockingham County. Decree affirmed.

Barnard vs. Commonwealth, Circuit Court of Floyd County. Judgment reversed.

Gardner Extract Company, Inc. vs. Nevshenir, Circuit Court of Augusta County. Judgment reversed.

Shultz et al vs. Hughson, Circuit Court of Augusta County. Decree reversed.

By Judge Martin P. Burks:

Sims vs. Commonwealth, Circuit Court of Botetourt County. Judgment affirmed.

Pirkey Bros. vs. Commonwealth, Circuit Court of Augusta County. Judgment affirmed.

Goshen Furnace Corporation vs. Tolley's Administrator, Circuit Court of Rockbridge County. Judgment affirmed.

May vs. Dillard, Sheriff, Circuit Court of Rockingham County. Judgment affirmed.

Lakeside Inn Corporation vs. Commonwealth, Circuit Court of Roanoke County. Judgment reversed.

Reliance Life Insurance Co. vs. Gulley's Administrator, Corporation Court of City of Staunton. Judgment reversed,

By Judge Jesse F. West:

Wallen vs. Commonwealth, Circuit Court of Wise County. Judgment affirmed.

Harris vs. Commonwealth, Circuit Court of Nelson County. Judgment affirmed.

Director-General of Railroads vs. Gordon's Administrator, Circuit Court of Nelson County. Judgment affirmed.

Commonwealth vs. Staunton Mutual Telephone Co., etc., State Corporation Commission. Judgment amended and affirmed.

Thacker vs. Commonwealth, Circuit Court of Alleghany County. Judgment reversed.

Chapman's Administrator vs. Hines, Director-General of Railroads, Circuit Court of Clarke County. Judgment reversed. Judges Prentis and Burks Dissenting.

Davis, Director-General vs. Souder, Circuit Court of Albemarle County. Judgment reversed.

Submitted: 08/26/14

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