The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-12-19
CITY NEWS.
An Important Decision.

| TL - AEs,@ I
Inc supreme Court OF Appeals yester
day delivered the following decision il
several cases in relation TO the furthe
fund;no of tbo sto,a, daht T., o,,nou ho.a
IL s' y '''' ''''o ueD' IL ooup'ii 'ohu
WIN coupons receivable ior taxes !;
Maury & Co.. AGENTS. VS.. Rogers. Sec
ond auditor: Wise Bros. A pents ys same
Opinion of the court bv ,Judre Christian.
These cases involving nrecisejv the SANS
question, were heard together They are
before this court on notifications made br
| the parties resnectivelv far writs Of man.
damus L, comnel the second auditor TO f,nd
| certain bonds and interest thereon accrued
of the state of virginia. according to tbe
provisions Of the act of the General As
sembly,. approved March 3oth. 1871, in
coupon bonds, payable to bearer with cou-
pons receivable at and after maturity, fol
all taxes, debts. dues and demands due the
state as to two-thirds of the principal and
interest, &c. ~ UakRGUgE- :, as.sga
In each case this court awarded a rule
upon the second auditor to show cause why
said writs of mandamus should not issue.
To this rnle the second auditor an
swered "tbat there is no law authorizing
respondent to fund any of the said bonds
in bonds with coupons receivable for foaes
the act of 1871 having been repealed be,
fore the presentation to RESPONDENT Of the
bonds mentioned in said petitions. He is
willing and has been ready and willing IN
fund said bonds and COUPONS into bonds
with counons annexed. bit pHhoud The
receirab;litv c1nnce nnne,ed thereto which
class of bonds the said parties can get bv
calling at his office and fling the original
bonds and coupons. as ID nroyided bv the
act of March 80. 1871 - ~ .Ga.IIa 'qGT
The cases are submitted unon the rules
and answer Of the auditor which 10 the
same in both cases, TIs 9,;'Is7s 7'''GG
The records show that the netit;oners.
Wise Brothers. presented these bnnds
TO the second and;tors son The Odd of March
1874. and tba nat;tionars Marry e O.
on the 9th Of March 1874 ,>se' ~
\ On the IN of March 1870 the IepisIa.
ture passed the following act. So
"Be if II enacted bv The Genaral Assam
blv of Virginia that hereafter Il shall not
be lawful for the officers CHARGED with the
collection of taxes or other demands Of
the STATE dne NOW or tbot shaiI baroo f,on
hecoma 5ne r. roco;,o i, nanmant ,hareof
onuthno a1So than raiJ ~ s;Iy,ar y an;, J-r ITn;
fed Statss & % ire,s1,ry - s notes ~ on nr notes of IL
national hanks If tba lin ITn;ted Stotes @ y 'n
WAI1 acta or - narts M of act acts ] ;ncons,s stont o.
with This % scs arc ~ perebv | repa"Iad J 'onS'S'eh'
surh;s aat ~ ,SnIrha epy ~ ta.a" ,upes,e
its massage @ ; - 'i"' = = - Fi' ' f''iu A'e
This act is d;ract aud pncond;t;on.,
renaal Of 60 much o Of taa u ood aoU.a saot;ou az
the act annroueJ % March S soth I 1s71 SIlon ant;. -
fled Han J's act ~ nron;do ' far tho , fi,ndar Su
and nayment of ,ba ] nnhl;c I'D deht o - us as das
clares that ssthe connans % shall T hs nouahie I
So,n;..nnn,,I,r n5 ~ pona; 1 ~ - pdy aoo
fnr oil toyos dahts ~ anoS nns "a,o 10
damanis il,,a tho ~ Stote wh;ob % shaii i ha ano so
exnreased ON IN tha;r I a@s' face !, avs 'n"'' - 'o
Tbo % sct ,n,,st NJ s tbaref,ro % nor bo rooa .,
;f thess ~ u,ordS wara otr;ohon m o',. m iea nS a
while Il ;s % trne os Jsc;dsd hn th;s GS oonrt i y;
nton; Hs Wrabt J - sharF %, '1.s a.. voS.i
tbnse wbo bod eoma forw,rd 1 ond "t, F,ndaJ .aas
IhoSr honJs ao aoooud;e ou t ~ anu uoe