Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-11-09

The constltutIuii. To suits brought i'm The
state courts, ihe defendants have plead
Ell that they are no corporation, not hav-
ing complied with the provisions of their
charter.
wish you distinctly 10 understand that
We regard this corporation with not whit
more reverence than If they were associ-
ateu oy me more appropriate name of
The society Of English, Dutch and \
merican pawn brokers and paper sha.
| Ners." BY becoming one OF their associ-
sies IN trade, the United States coniers no
privilege upon them but sinks to their
lever. lhis Is the character in which all
Tue parties must be viewed, in de;ermin
lng tieir legal and constitutional rights
ana al these things are perfectly under
stood among us. THE reign of paper and
paper barons Is done over here: and
while we despise the domestic tribe. we
are moi 10 be brought TO reference any
others OF The same class.
State q Ohio, October IGth. 1919.
MR. NILES-i'he iDanuer in which YOU
have noticed The conduct of this stale, In
proceeding 10 collect the tax assessed
upon The branches Of ile United State.
isank, has struck ne with sone surprise.
refer 10 youf lew remarks i'm the REGIS
TER OF the 2d inst. which, although they
i4at an injunction Gfthe federal court haa
Keen disreg aFded, are such as, even III
that case, had not expected from YOU.
We do not know here how the case Of
MCuiloh and Marylaud was got before
lie supreme court. We do not know that
There was any Teat case nCr do we know,
except 10y report, there WAS any such
case decided. II the extraordinary doc
triues. promulgated as The opinion OF
the supreme court, iii that case, were
really advanced by that court, still
this state Is not concluded. ~ iliem.-
The most important principles are ire
quenliy drawn into discussion and decid-
ed upon III controversy hr,wSrn Oh
scure individuals. But if others not
parheJio lie controversy. claim property
upon the same prIn, piles, aud do moi
choose To abandon their claim without
adjudication, their proceeding 10 assert
their preteDsIons Is never considered dis
respectful TO The court or violation of
the duties of good citizens.
Here we think there Is nothing in the
character of The Bank of The u. States
10 distinguish lis professions from these
OF other citizens. We are not willing
HAT II shall be exempted from the opera
ton OF our laws, until we know sch1J and
phcr,}0Te. If we are really liable 10 be
dragged before the supreme court. we
have reason 10 apprehend that our rights
may have heen prciudicaied, but surely
| they are not, therefore, aunil.ilated. We
KNOW there have been cases of individual
! controversy in which the parties did rot
| acqGiesce III the decision of that coT.t,
aud yet escaped both the impuiation OF
| folly and rebellion and we believe thai
cases may be found in which The supreme
court OF HE United States have changed
their opinion. We consider the subject
as open Tor MS to litigate aud in pro-
ceeding 10 execute oar law, we give an
| occasion 10 lest the doctrines of the su.
preme court by PRACTICAL application 30
real case-and of this we conceive That
no man has right 10 complain.
II is thought that The tax we have col
| lecled Is enormous.--it was ayowediy
intended as IA penalty. To tax, so as TO
proinbi', is one OF The purposes to which
all governments have applied the power
oil iaxalion-and, where the power exists
at all, u may rjghifuliy be fhus applied.
II was an act Of iemeri,y in Tie bank 10
incur The risk; aud III doing so they
have given further evidence of the
alarming character of their pretensious.
Upon subject of SO mnch delicacN and
OF such Importance, little respect Tor
state pride, and d little Difference for
state Opinions, might very properly have
\ been manifested. j he law took effect
upon The FIRST OF September the IL sisla-
lure meets on the first Monday Of De-
cember. The branches were really trans.
acting no business. By suspendlmg their
| operations and founding AN appeal To the
moral sense of The stale legislature, mpou
The decision of the supreme court, a
repeal OF The lax might have been effect.
? ed. Instead Of this they preferred 10
attempt dragging The stale before The
federal court and il would seem as If
th"y were more intent upon iriUmplling
over the state sOvercignlies, tban flcJ
were upon continuing their business or
protecting their property.
You will have seen Grom our papers thai
it was not understood by our auditor
that be- acted III Contempt Of an lmIunc-
ton Oi The circuit courI. lii INV opinion
His does MOI vary the case. lie ought so
10 ,haVc acted. The power assumed bS
the circuit court, 10 prohibit the collection
OF the iax by injunction, ! regard as the
moGi alarming feature Of The whole tran
sactlOn. have now before me a copy al
the proceedings, and ! think few cx.
tracts from them may serve, at least, ID
amuse YOU.
The bill commences by stating tie act
OF incorporation, aud the organization o.
tile company under il, aud iIien proceed,
10 rccile the I4ih section, authorisin.
the establishment of branches. II then
sets forth the establishment of the twC
branches IN Ohio, their commencement
and continuance 10 business, aud pro
ceedS rs follows -" But now so ii is
may IL please your hOnors, although
said two several Offices were established
4. L