The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1877-07-19
LOCAL MATTERS.
l,,a,l IsrERagIIse DEclsrov AE-

ssC- Mnyo.-On the 81 Of July David C.
Mayo was convicted In the Hastings Court
for this city pf an assault upon negro
man. sentenced to fifteen days imprison-
ment ID, the city. Jail, and 20 pay a fine OF
s4ODs and the costs ef the prosecution. The
fifteen days having yesterday expired ne
rendered payment Of his fine and so much
of tbe costs al embraced the fee paid by the
Commonwealth TO her attorney and the fees
pai1 to tfia Jury Id Yirginia taxlreceivable
coauons sfhe residue OF the costs he ten-
dered III money. The City Sergeant refused
to receive the coupons hereup0n, through
his counsel, Mr.. w iiliam u. Royal, he ap-
/ piled to- Judge e. C. Minor, OF the County
Court for Henrico county. for writ OF
habeGs corpas, praying for his discharge
from alleged Illegal confinement The ques-
tions involved upon the application were |:
First, whether the officers were compeiled
to receive tax.receiyable coupons in pay
ment Of a fine; and second, whether. lf
compelled to receive them, they could de-
nand that they should be received at less
than their face-valueson account OF the tax
imposed upon them by the act OF Assem-
bly. In other words, whether the State
can tax her interest coupons, receivable on
their face at par, for all ss taxes, debts, dues,
and demands due to the State. These
questions were argued at length by Mr..
Royall for, the petitioner, and by Captain
George ID. Wise for the Common wealth. z"
The Court held, first, that these questions
might be determined upon writ OF hdbeas
corpus.
Second. That fine was !" demand !"
upon the part Of the State, which could be
paid in coupons. ~
| Third That for the State to impose q
tax upon her interestcouDons, receivable
upon their face at par in payment OF all
taxes, debts, demands, and dues due to
the State, was for her to "impair the obli-
CATION OF the contract " to the extent OF the
tax.
The Judge said that he considered all
questions as to the constitutionality OF the
| funding bill (supposing that any could ever
have been made) closed by the decision OF
our Court of Appeals in the case Of anton;
Us. Wright, % Grattan, S33, which was
| binding upon him. Therefore, that the only
! question which he could consider an open
one was whether or not the State could tax
her coupons. Now, said he, the coupon is
promise by the State that it tbe coupon)
shall be received as thirty dollars In pay
ment Of call taxes, debts, demands, and
dues " due to the State. II, then, the State.
after having promised to receive that cou-
pom as thirty dollars, should afterwards say
that she would only receive it for twenty
| five dollars, she would certainly have fsim-
paired the obligation of her contract" to
the extent of FIVE dollars, which, under the
Constitution Of the United States; she has
no power 70 do. And, further, he said,
| If her right is to be admitted to tax each
coupon one cent, then her right to tax it
100 cents, or ten dollars, or any other sum,
must be equally admitted, which would
give her right to tax the coupon out OF
existence. This would not only be to "im-
pair the obligation of her contract" but
also to evade the funding bill, which our
Court of Appeals has decided she cannot
repeal, so far as the taX-receiyable clause is
concerned. And the law will never permit
party to accomplish indirectly what it will
not permit to be accomplished directly.
The prisoner, upon rendering the coupons
in court, was accordingly discharged.
The CommonwealthAs Attorney asked
that the prisoner be retained in custody un-
til he could have the case reviewed by the
Judge Of the Henrico Circuit Court (Judge
Wellford), but Judge Minor declined.
Captain Wise is, however, determined to
have the decision Of Judge Minor reviewed
by a higher tribunal. Exactly how he will
proceed has not yet been determined. II,
as seems very likely, Auditor Taylor re-
fuses TO receive the coupons from City-Ser-
geant Tyler in release Of the amount
charged against him on account Of Mr..
Mayo's fine, the case can be brought up by
application of Sergeant Tyler to Judge
Wexford for radnddmas to compel Au-
ditor Taylor to receive the coupons.
Judge Guigon is out Of the city at pre-
sent.
In the case OF sample-merchant who
some months ago rendered coupons in pay
ment OF his fine, Judge Guigon decided that
coupons could not be so received.