Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-01-20
THE COUPON QUESTION.
Opinion ofthc Attorney Genera

OI GHc VchCIaAs
The following is the opinion given by Attor-
ney General James c. Taylor in relation to in
structing collecting officers upon the subject OF
receiving coupons for taxes, synopsis of which
has heretofore been published in the Gazette ::
COMMONWEALTH OF VIRGINIA, !
ATTORNEY GENERAL S OFEICE,
RICHMOND, Jan. 5th, 1878.
Hon. William +. Taylor:
Sir--In reply to your note OF yesterday l
have to say that the, Supreme Court of APP.
peals, in the cases of Antoni vs. Wright, sheriff,
and Wright, sheriff VS.. Smith, decided that so
much of the act in force 7th March, 1872
'entitled an act declaring what shall be receiv-
ed 10 payment Of taxes or other demands of
the State as attempted to prohibit holders of
coupons, issued before the passage OF that act,
under ths act (approved March, Both, 1871, EN-
titled an act to provide for the funding and pay
ment of the public debt, from rendering them
to the collecting officers ofthe State in payment
of taxes due to the State by the holders OF such
coupons, is unconstitutional and void, and that
holders of such coupons owing taxes to the
State have the right to tender them in payment
of such taxes to the collecting officers of the
State.
This decision embraces only the coupons is
sued before the passage of the act of It'll
March, 1872, under the act of 3Oth March,
1871, and have the recelvability clause OF the
act approved March 30th, 1871, stamped upon
them, and as | understand the decision, such
coupons as may under the provisions Of this
latter act be issued with the receivability clause
for registered bonds exchanged according to
the terms and provisions Of the act But it
does not extend the privilege to tender coupons
which accompany bonds funded since the 7th
March 1872, and to which the recelvability
clause is not annexed.
In other words, the State, by the act of the
7th March, changed her mode OF funding, and
all bondholders who failed to fund before that
day have the right to fund, but cannot get cou-
pons with the receivability clause annexed to
them, and hence such coupons cannot be ten
dercd for taxes. The State had the right to
change her mode of funding; and she might
not pass an act suspending any further fund.
ing of her debt, and those who have not avled
themselves of the privilege to fund would have
no just ground of complaint. When an act IS
declared to be void by the Supreme Court OF
our State, it is as if no law had been passed.
[ would advise you 20 instruct the collec-
tors to receive from the taxpayers any cou-
pons which they have the legal right to tender
and the same time advise them OF the act
making it penal for them to buy or speculate
in coupons 1t is true, the decision OF the
court might be held technically to only apply
to the parties ltigant before the court and the
collectors might refuse to receive coupons when
rendered By other parties; but as the decision
of the court went to the constltutlonallty OF
the act, it seems to me it would be unnecessary
to pursue course which would only serve
to annoy the courts and parties and entail on
both the Commonwealth, the courts and parties
unnecessary expense and trouble.
Your obedient servant,
JAMES G. TAYLOR.
n. B.-The court did not pass upon the
rights of party holding coupons issued under
the funding act and on which four per cent in
terest has been paid, as provided by the act,
passed 10th March, 1872, and as to these | ex-
press no opinion. y. Z. L.
Spring VALLEY VINEYARD. This ex-
pertinent of James 4. kercheval has proved
an entire success. From 1900 vines located on
a Southeastern slope of the Blue Ridge. near
Piedmont Station, in Fauquier county, he pro-
cured the past year sufficient fruit to make
1000 gallons of delicious concord and CataWba
wine, which readily commands IN the market
81 50 per gallon The current year he will have
doubled the number OF vines and reasonably eG-
meets to obtain from them double the quantity
of wine. This will yield him $4,000, from about
5 acres of ground, less the cost of pruning and
manufacture, done chiefly by himself. We
hone his example in this lucrative branch OF
business will be initiated By Others and every
available location be appropriated untll our
section becomes as famous tor generous and
rura wines as the most favored districts OF