The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1873-12-20

cs' Taui et ats. heaSSigned to docket OF
Supreme Court and fixed for hearing In Su-
preme Court on the 22d of January, 1874.
Jopes's executors Us. CIack et ais. Order
assigning this case to Special Court set aside
for special reasons.
Hunters eXecutrix rs. Vaughan ct ais.
Fixed for hearing as privileged case on the
22d of January, 1874.
Southern Mutual Insurance Company Us.
irear. Writ OF supersedeas awarded to
Judgment Of the Circuit Court of Prince
Edward county.
Buckhouse's executors Us. Selden. Writ
OF supersedeas to a Judgment of the Circuit
Court of Gloucester county.
Maury & Co., agents, rs. Rogers, Second
Auditor; Wise Brothers, agents, Us. same.
Opinion OF the court delivered by Judge
Christian, In substance as follows:
These cases, involving precisely the same
question, were heard together. They are
before this court on applications made by
the parties respectively for writs of manda.
mus to compel the Second Auditor to fund
certain bonds, and interest thereon accrued,
of the State OF Virginia, according to the pro.
visions of the act of the General Assembly
approved March 30th, 1871, in coupon
bonds payable to bearer, with coupons re.
ceivable at and after maturity for Nil taxes,
debts, dues, and demands due the State, as
to two-thirds Of the principal and inter-
est, &c.
In each case this court awarded a rule
upon the Second Auditor to show cause
why said writs Of mandanlus should not
issue.
To this rule the Second Auditor answered
"that there is no law authorizing respond
ent to refund any of the said bonds in
bonds with coupons receivable for tdres,
the act of 1871 having been repealed before
the presentation to respondent of the bonds
mentioned in said petitions. He is willing,
and has been ready and willing, TO fund said
bonds aud coupons into bonds with coupons
annexed, hut aoithout the receirabihty clause
annexed thereto, which class Of bonds the
said parties can get by calling at his office
and filing the original bonds and coupons,
as is provided by the act of March 80, 1871" !"
The cases are submitted upon the rules
and answer of the Auditor, which is the
same in both cases.
The records show that the petitioners
Wise Brothers presented these bonds to the
Second Auditor on the 22d Of March, 1878,
and the petitioners Maury g. Co. on the
oath of March, 1873.
On the 7th Of March, 1872, the Legisla-
ture passed the following act:
"Be ii enacted By the General Assembly
Of Virginia, That hereafter 1t shall not be
lawful for the officers charged with the col.
lection of taxes or other demands of the State
due now or that shall hereafter become due
to receive in payment thereof anything else
than gold or silver coin, United States Trea-
of the United States.
"All acts or parts Of acts inconsistent with
this act are hereby repealed.
"This act shall be in force from and after
its passage"
This act is direct and unconditional re-
peal Of SO much Of the second section of the
act approved March 80, 1871, eutitIed "an
act to provide for the funding and payment
of the public debt" as declares that " the
coupons shall be payable semi-annually and
be receivable at and after maturity for all
taxes, debts, dues, and demands due the
State which shall be so expressed on their
face"
The act must, therefore, now be read as il
these words were stricken out. And while
it is true. as decided by this court in Anton
Us. Wright, sheriff, (22 Grat.,) that those
VINO Dau COuc IOENulu auu luuCeu tucli
bonds according to the provisions Of the act
Of March so, 1871, could not be affected BY
the act of March 7, 1872, and that as to them
the act WAS unconstitutional and void be.
cause it impaired the obligation Of the contract
which the State had entered into with all its
citizens who had accepted the provisions OF
| the former act before the passage of the latter
it is equally clear that the act of March I,
1872, is valid and binding upon all those
who did not avail themselves of the proyi
sions Of the funding bill before the passage
of that act. The Legislature had the unqucs-
toned right to amend, modify, or repeal the
act of March 80, 1871, and those who, like
the petitioners, delayed the presentation OF
their bonds until after the passage of the
act of March !, 1872, must be held bound
BY the provisions of that act.
| The court is therefore Of opinion that the
Second Auditor was right in the opinion
| that "he bad no authority under existing
laws to fund the stock referred to in the
manner proposed-to wit, into coupon
bonds with coupons attached receivable .fo,
tdres, &c." and that the rules awarded
against him, having been fully answered, mus
] be dismissed.
The court adjourned till 9Th of January
1874, having disposed of a very larg'
amount of business during the present term