The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1876-04-15
TCommunicated.J 80
Atlantic, Mississippi and Ohio Rail-
road Company. 49, "
CAN vIReIssA INTERVENE?

The plaintiffs will not voluntarily cloud
the jurisdiction they bave invoked, and ina
peril their bill, by making the State Of Yir-
ginia q party defendant to It. Can the Board
of Public Works, the alter ego OF the Com.
nonwealth in this behalf, not as partisans OF
any particular slmihistration. but as guar
disns OF public interests, intervene efTectu-
ally in suit seeking only transfer ef msn-
agement from one hand to another, both
equally lawfuland competent?
The precise nature of the States interest
in and relation to the Atlantic, Mississippi
and Ohio Railroad Company is obscure.
She is creditor of the company, tas,
alas, are many other people,) to the
amount of $4,000. 900, bearing interest from
the ast July, 1880, and payable in eight
annual instalments Of S500,000 each coa.
meucipg with the 31st December, 1889, Tor
say Est January, 1866; both interest aud
principal being payable in Virginia bonds or
In money ,-at the option of the company. BY
the terms of her contract with the company
as.expressed in the charter, the State ought
| to have received as security for said debt, " a
second mortgage upon the property OF the
Atlantic, Mississippi and Ohio Railroad
Com pany to be duly executed to the Board
|, ,cf Public Works Of the State" But the
State acting in December, 1870, by the
b Poard of Public Works, and in April, 1874,
by o. joint resolution of the General Assem-.
| bly,, has, in lieu of tie second mortgage,
accepted and recognized Covenant TO
ssaBd seized" 1t may be, therefore, that both
at law andinequity the State is simply cred
| itor, with prospective right OF acuien upon
Iracovenant which cannot be broken until de-
fault be made in payment of the first install
l.ment of lnterest due lst of January, 1881
ItIfsVirginia be only creditor without
mortgage title, she must stand with other
Eckeditols, whose floating debts to the amour,
| Of more than Il 100000 will mature lone
| before hers. But if the courts, ssnotwith
lstaodipg the joint resolution approved April
t3e!dS74, shall hold that the " covenant to
stand seized" is in effect the "seeend mort
gage" required by the charter, stils Virgins
viii have no right to complain, &c long q!
tunder the ADMINISTRATION of the court ani
| its receivers the interest due ah the bond
| holders preferred before her be ss1tly paid
and the integrity of the propertythe main
| tanned for the security Of her claim when i
fails due.
The State Of Virginia cannot be made NO
| become defendsRt in the suit in the United
States court. Cossent cannot confer a juris
ldiction which the Constitution prohibits
| But the Board of Public Works, hy bill
QUA sIMET, may invoke the protecties, pre-
| ventive, and precautionary powers of thi
court OF equity. Tbe State may prosecute
though she cannot be prosecuted, in 8. Fedora
leeourt. AS plaintiff in d court of stt@U Ditet
! States she cannot sue her own citizens, bu
she may sue the citizens of other States ant
i Of Foreign Powers. If, therefore, thetEoart
j OF Public Works knew anything IN the pas
il .historyof the management Of the Atlantic
Mississippi and Ohios2ailroad Company Il
djustify reasonable belief that the interests o
the~State as creditor have been or will be pu
njeoparcly, there is no law, either eonstitu
artional or statutory, which will prevent Gen
from fling in Judge Bonds court agains
sSkiddy; u uncan, and Barrow, citizens ofIh
State OF New York, andtall the foreign boud
holders, q, bill praying such relief as the eE;
gences OF the Commo uwecith may requirc
The tw o suits brought OF to be heard TO
gether would afford opportunity for th
administration of comprehensive an;
abs indngs equity.
Therefore the United States Circuit Cout
mag ,ggpQits! the recetoeEs.
CoNsoLIDATIoNIsr.