The Van Buren press., 1876-04-25
SCRIP HOLDERS,
Ruling in the Federal Court
The County Scrip Mandamus Cases.

Last week question of deep interest
was very fully and exhaustively argued
by counsel, and decided by Judges Dill
Ion and Caldwell, in the circuit court OF
the United States, at this place. At the
last term of that court judgments were
reversed against several different coun
ties on their scrip, in suits brought in
the name Of non residents. At this term
the question came up. whether man
damus, without time, should go to the
county courts, to compel greenback
levy to meet these judgments. The de-
Tending counties were represented by
Messrs. Clark Il Williams and Judge
Compton. A test case was made of one
of the cases of Nc ssrs. Clark Il Williams
it being one against Conway county
The defense took the position-and ar
gued it ably and convincingly-that un
der the laws of Arkansas, every scrip
holder has the right to pay his scrip to
the tax collector, and that in case OF
judgment against county. warrants ol
county scrip was the end of it; that tht
allowance of the claims on which the
scrip sued Oh was originally issued was
judgment Of equal dignity with that or
which the mandamus was asked, AMI tina
nothing could be done but to issue ,
warrant or scrip on the treasury of thu
county in payment. The plaintiffs were
ably represented by Judges Rose, Yon
ley & WhIppIe, and Mr.. Z. w. Kimball
Judge Dillo.. decided that a mandamus
might 60, but limited it to five mills per
cent, the amount allowed by the consti
tuition for the payment of Indebtedness
existing at its adoption. The court fur.
ther directed that the payment should be
disbursed in payment of prior indebted
ness in the order of its date, as directed
by the state law; the effect of which will
be that the scrip holder, who holds older
scrip than that on which the judgment ia
allowed, will be paid in preference to the
judgment creditor, out of this levy.
Judge Dillon held that the state law was
absolutely binding on him, and he would
respect any future decisions of any of
the state courts constituting it. There is
talk of getting up mandamus from the
state courts to compel the sheriff to re-
ceive scrip on the levy made under the
maudamus, to test the question as to the
right Of scrip.holders to pay it to the
collector, as the state law Directs If the
supreme court of the state should 50
hold, its decision will be respected by
the federal court. Gu the whole the re-
suit is regarded as quite triumph for
the debt ridden counties, and gives u
glimpse of light ahead it shows, at least
that constitutional limitations on taxa.
ton are to be respected. One Of the de
fending counsel remarked after the decis-
ion that these federal judgments were
convenient and cheap funding schemes
tor the counties, and he guessed the old
scrip-holders would now fund. as the
counties wished, or wait till their hurry
is over. Too much pra Sc cannot be Civ
en- to the counsel who so ably and ex-
haustively defended the people from what
was attempted to burden them with the
immediate payment in greenbacks of an
Indebtedness outstanding at the adoption
of the constitution; and Judges Dillon
and Caldwell arc enti,led to the thanks
Of a tax ridden people in being able to
find law to sustain them in putting O
l;ni. tn tho y~aod Of the1e o~su.vsants,
who have bought up our scrip at twelve
and half cents on the dollar, and now
want to use the federal courts as an u
gine to extract their pound of flesh
Judge Dillon has told them they can
have it, but must take it without blood
In the comments of the federal court
and also in the opinion delivered by the
supreme court in the city tax case, the
other day, il we understand rightly, the
Cravens construction of the financial
clauses of our constitution, in giving to
past Indebtedness five mills and TO coun
ty expenses Ave mills, was fully recogni
zed, and the old scrip-holders will have
to content themselves with five mills levy
all Judge Dillon ordered for them-ol
else fund. In the cases against Pulaski
county, Messrs. Clark d Williams, the
counsel for the county, have answered
according to the fact) that levy Of five
mills per cent. in greenbacks had beer
made to meet the Indebtedness of tht
county outstanding at the adoption o
the constitution and interest; and il
these cases no mandamus has beer
granted - Gazette