Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1878-04-10

Anderson. and, while it is perhaps fully
covered by the reasoning of the Court,
1t was not necessarily decided. agree
that the Funding Act is broad enough
to include fines imposed for the violation
of the laws, and for that very reason
thought. and still think, that il Is viola
tive Of the seventh section OF the eighth
article of the Constitution Of Virlinia.
That section declares the General As.
sembly shall set apart, as permanent
and perpetual literary fund, the present
literary funds of the State, The proceeds
of all public lands donated By Congress
for public school purposes. OF all eschea-
ted property, of all fines accruing to
the State by forfeiture. OF all fines col
lected for ofences com nitted against
the State, and such other leyes as the
General Assembly may apply thereto.
No intelligent man will maintain that il
is competent for the Legislature by any
contract. to divert this fund from it,,
specific object as prescribed by thr
Constitution. Take for example, the
proceeds ofthe public Ian Is dedicated
by Congress to school purposes; Il thu
lands, when sold by the State, may hc
paid Tor in coupons. are the proceeds
set apart for the objects designated ~
the Constitution Take the fine in thu
case. If the petitioner may pay it in
coupons, any other person upon whom
fine is imposed may 20 likewise Are
not such fines IN effect for all practical.
purposes appropriated TO the paymen
of the public debt? | can see no differ
ence between law which applies them
directly to the pay ment Of the interest
on the public debt. and a law which
auth orizes them to be paid in coupons.
The answe again is, that the Legis-
lature must increase the taxes, and
supply the deficiency from other sources.
But the question still arises. can IL
Legislature divert a fund from the pur-
poses OF the trust under the C0nstllu
ton, and justify its action by relyin-
upon another Legislature to ras
another fund from another source e.
meet the objects Of the trust:
The main design Of the provision Of
the Constitution was to create lund
beyond the reach OF the Legislature. ana
in no wise dep endcnt upon its neglect
and failure of duty. 1t is very true that
the fines have heretofore been paid into
the Treasury, in common with other
public dues, and so long as the whole
was paid in money no Inconvenience or
injustice could arse; but now the ques-
tim assumes an entirely different poet
Tor if the Legislature shall pass an act
that the fines shall be- paid il
money. and the money thus paid shall
be set apart for school purposes. under
the ruling of the court. the act would
be constitutional, because the Fundins
bill declares that all public dues may be |
paid in coupons. The result is that one
Legislature may. 10y an agreement with
The creditor, appropriate to this claim ,
.und set apart by the Constitution /
Irevocably for another purpose. and II 1
Legislatures Tail to suppl, /
other means To meet the deficiency. !
there is no remedy for palpAble viola
iol OF that instrument.
eau never give my assent to tbs
doctrine. 1t is the duty of the Legs
allure b, taxation TO pay the public debt.
i it "A Is to do so. 1t cannot justify il,
Iction by giving to the creditor fund
lot under its control. Upon this point
thought the argument OF the Attorney
General unanswcrable.
Let me say. in conclusion. concur
low, as did then, with judge CHRIS +,
ian in what he said in the homestead
ases--"the inviolabihty of contrac -.
public and private, is the iounuauon of
ii social progress. and the corner
tone OF all forms OF society Wherever
Jurisprudence prevails. "and
concur with him now in what he ha-
aid on that subject. Good faith Is Il,
Sscntial IN STATES as well as IN indi-
dual; neither can be just or perma-
ently prosperous without ii. Upon
hat subject. my own voice. feeble a. il
$. can never have any uncertain sound.
Iut, however potential may be tho
of good faith, they cannot
Justify the LEGISLATURE in surrender.u.
ne OF the essential attributes OF State
oyerelgnty. or in putting upon ITS
under the torn OF Il con
ract, 4 law which violates the PLAIN
etter of the Constitution.
believing that the Funding Bill is
Justly obnoxious to these objections. |
an never give it my sanction as judge
# this Court. must. therefore
assent from the opinion just delivered.
regret that this opln.on has been.
ecessarily, so hastily prepared; but it
VAS no. until last night determined to
educe my views to writing.