
    Richmond
    Gwaltmey and Others v. Lyons, Treasurer.
    November 11, 1914.
    Absent, Keith, P.
    1. Highways—Commissioner of Roads for Norfolk County—Acts 1912 page 53 is Unconstitutional as a Whole.—Tbe provision of tbe act of March 4, 1914 creating tbe commissioner of roads and bridges for tbe county of Norfolk (Acts 1914, p. 53) requiring members of tbe commission to be freeholders is in violation of section 32 of tbe Constitution, declaring that, as a rule, every person qualified to vote shall be eligible to bold office. Tbe freeholder requirement is not separable from tbe other provisions of tbe act, and hence tbe whole act is unconstitutional.
    Original application for a mandamus.
    
    
      Refused.
    
    
      Bowden & Heard, for the petitioners.
    
      Jos. T. Lawless and Frank L. ■ Crocker, spondent. for the re-
   By the Cohete

Upon a petition for a peremptory writ of mandamus.

This day came again the parties, by counsel, and the court having maturely considered the petition of the plaintiff, the answer of the respondent, and arguments of counsel, is of opinion that this case, in both aspects, is ruled by the decision of this court in Black v. Trower, 79 Va. 123. It is therefore considered by the court that the prayer for a mandamus be denied, that the petition of the plaintiffs be dismissed, and that the respondent recover against the plaintiff his costs by him about his defense herein expended.

Mandamus refused.  