The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1872-10-10
JUDGE RIVES, OPINION.

l
of Judge Rives, delivered at Danville, w.,
on the 31st of August, on the Homestead Ex-
emption question, 10 the two cases in bank
ruptcy of a. L. Wyie and Jere White, we
make the following extract:
$50 far as the allowance of this exemption
against such debts, subsequent to the time
when it took effect is concerned, there has
been no doubt or difficulty. But the question
naturally arose whether it could affect or i'm
pair anterior obligations; and 80, whether
it was not obnxious to the constitutional in
hibiion upon the States to pass any law i'm
pairing the obligation of contracts. This
question was differently decided in the cir
cults by able and learned judges. It has,
however, been finally settled BY the Supreme
Court Of Appeals with entire unanimity-
That decision settles the law for the State
Its effect is literally to expunge from the LIST
section Of the homestead clause the word
heretofore so as to leave it applicable only to
debts thereafter contracted and, also, in my
view, to render nugatory the I'd section in
relation to anterior liens Of certain specified
executions and Judgments. This clause of
| the Constitution is now to be read as if it
we're virtually altered in the text so as to con-
form literally to the constr uction placed upon
| 1t by the highest judicial tribunal Of the
State. can 60 no further to ascertain its
meaning and its effect. am not free to fornY
an opinion of it judicially; and it would be
supererogatory, if not pertinent to express
one. I must take and administer this law Of
the State, as I find it settled by the highest
| and final court of the State. Any other
course on my part, would offend against the
theory entertain of the functions of our sep1
| arate judiciaries, State and Federal and
would render Inc culpable in my own eyes
for having attempted to mar the symmetry
and disturb the harmony of that wisely coui
structed system Of courts for administering
the law of both governments
"It must not be forgotten that am now
disposing of question of State Exemptions
under the 14th section of the Bankrupt Law.
That Of the Congressional direct exemptions
to the bankrupt is upon different footing,
and is necessarily matter for the exclusive
cogniZance and decision of this court; but
when Congress chooses to add to its own list
! of exemptions further exemptions under State
Lars, it refers this court in its action there
upon to those State laws and the discussion
must turn upon the construction of those stats
utes. I do not doubt it would have been in
the power of Congress to have given to bank.
rupts homestead in the retrospective terms
Of our clause. The only obstacle III the way
would be the direct enactment of variant ex-
emptions to the different States. But this
Congress has not attempted to do 50. The
alteration of the date in the fourteenth Sec
tion only availed to extend the benefits Of
exemptions to such additional ones as the
States had made between 1864 and 1872
This is the whole effect of the amendatory act
of June Sth, 1879. do not doubt that the
projectors and authors of this law, without
due consideration, supposed it would give val-
idity and operation to the homestead exempI
ton as expressed in the XIth article of our
Constitution But | feel confident that, upon
further reflection and examination, they will
see that they have not accomplished that OBJ
ject, but have only extended the relief under
it so far as the Court of Appeals has allowed it,
viz as against debts contracted subseuuent-
ly to the operation of the Constitution which,
in my view, dates back from the ratification
Cd the 9th Of July, 1869.
'slt only remains for me 20 illustrate in tho
case now under consideration the practical
operation Of the principles which | have de-
duced FROM reasoning and authorities The
nature and extent OF the homestead exemp-
ton is now fully settled in this State by its
highest court. The Supreme Court of APP
peas has established a fixed rule, by which
the claims of creditors and the exemption Of
! the debtor shall be adjusted under creditors
| bills, or otherwise, in the general liquidation
which is now going on among our impovish-
ed people. If this rule prevels, as | have
undertaken to show it should prevail in che
bankrupt court then the citizen, whether
creditor or debtor, would be entitled to, and
receive in both forums the same treatment
and relief under an equal administration of
the same laws. But it it be otherwise and
this court be at liberty to establish a differ
ent rule, deplorable contention would eusue
between the courts, and there would DO neith-
er repose nor certainty for the prosperous de-
velopment of business or the encouragement
of commercial enterprise and activity. This
antagonism and c.ashins of the courts would
extend to their respective suitors, and breed
strifes and discontents, destroying public con-
6aence in our courts, and estranging the af-'
fectons Of the people from their. govern
ments IF the Federal courts fail Of the des
ference they owe to the State courts, how
shall the latter be expected to submit to tho
authority of the former in their rightful ju-
risdiction Of all cases arising under the Con-
stitutioc, the laws and treaties OF the United
States These consequences are not urged
as concfns,re, but are most persuasive to show
that we cannot entertain the belief that our
| judicial systems were SO Jtciously coatrivcd by
their wise founders as to involve such per.
ncious collisions Of judicial authority and
| action"
CUCUMBER PIcKLEs-Pick the cucum-7
bers, wash them carefully, put them in stone
jar, pour boiling water on them three morn.
Jugs in succession, the last morning but lit
tie alum in the water, and the fourth morn
ing put them in the vessel to be kept in aud
pour boiling vinegar on them. When as
many as desired are obtained, | pour off the
| old vinegar and add new, boiling hot Add
spice if you like: 1 then cover the pick
les with horse radish leaves and if the vino.
gar is good they keep spleudid year with.
out further trouble.