Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1878-05-07


and by system of losroliing, wire
working, and as has been charged the
free use of money the bill was push
ed through. No thought Of such a
thing was in the minds of the people
when that Legislature was elected -
II was wholly unauthorized by them
1t will be seen hereafter that 10 Legs
islature has the constitutional right
to impose such a burden upon the
people. binding them for long Sc
ries of years. without the voice Of the
people
As proof that the funding bill was
extremely offensive to a large major
ity of the people Of the State, the
next Legislature they elected, almost
before the members were warm in
their seats, repe iled the bill by a
large majority, there scarcely being a
bakers dozen to defend the bill
The debt, after leaving out w. Vas
bird for future settlement With that
State, and adding to the principal
the unpaid interesy Of the eight years
of war and reconstruction WAS esti-
mated to be about $4,000 900
Two thirds of this amount had been
refunded into coupon bonds when the
Legislature met that repealed the
act. The repeal OF course stopped
the funding process But the Le@is-
iature also designed TO nullify the
entire act and set the debt back as it
was before the funding bill was pass
I'd. Bat an appeal was taken TO the
Supreme court Of the State and
majority of the court decided that
the Legislature was not competent to
repeal the act so far as it regarded
the L0nGS that had been refunded
This decision filed the minds Of d
large part of TIE people Of the State
with astonishment and alarm.
Let it here be noted that the repeal
of tie funding bill by a Legislature
sent there by the people for that ex>
press purpose was N evidence that
the people intended to repujiatc the
debt. The peopte of Va, have new
81 jndica ted through their representa-
riNes or otherwise an intention to re>
putiate the debt. Regulating the
debt and repudiating the funding bin
are very different tbings, as we shall
.~- before Se conclude. The cGu-
pon leaturc of the Funding dill va
again sustained by the supreme court
in = recent case brought before it -
4 rnsn Y = fasd ia a district court
$50, G.r sU o9en>e, and tended a $50
c"upony in payment. The district
court declined to receive it. aed an
appeal aaG taken 70 the suprem-
court, which required the coupon to
be received il payment of the tine -
Many Ia ~yers aud very nlany other
p~"p'e competent 10 judge. believe
these deci-jens of the s1preme COur;
20 he erroneous. AID that the !nud-
trg bill is in conflict Win tie consti
tuition aud large pqrt of the peo-
nfe Of The SEsIe feel agrievei at
these deci.Ions. Let ~ notice somc
prjutS IN which it is believed the
judgement Of the supreme court Wa
At fault. They decide t~o points:
1st. That tht Funding bill. being
3 contract fer f. consideration, va
not repealable aud 2nd, that it was
not 10 conflict with the constitution.
We wall notice the latter part fir-t
In the last decision the court qaol
cd from the funding bill the clause
"coupons Shall be receivable, at end
after m ,turity for OH taeeS GeJtS,
dues. aud dsmlmdS due tie atde -
Aud the court asks: i, there any
uucerta ntv or ambiguity in these
term ?" We answer certainly Uot,'
they are very plain But we lhInN
there is no more uncertainty and
n ambiguity" IN the tern Cf the con
sti,u;ion, which this coupon provision
uulifes. (See Aci VIII Sec Z 9 }
Nov the constitution defines aud
limits the powers aud duties of the
Legislature aud the Supreme court
and the members of both bodies take
an oath "to support and maitaiu it."
1t is an admitted principle in law that
"the intent of law is Law that
''the intent of the constitution is the
constitution.
The General Assembly SbaU Sel
amt as a permanent AID perpetu a
literary fund, GH faes
collected for ofeaces comm'tted agtjaSt
the Shte
''The General Assembly shall apply
the annual interest on the Literar,
Fund the cspi;ation tax for public
school purposes and an ANNUAL tax
upon the property OF the Stare In
the Public School law passed July
IL, 20, in obedience to the above
requirement Of the constitution, the
General Assembly says: "The prin
cipsl Of Said Fund Iterary Fnnd)
shall ailcGls remain aujmpure{ o,d
the Gnnatt iHcreuSe drjSiHg tier from
shall be ani here'y is dedicated eeclu-
surely o the support and maintenance
Of public free schools in the Ssate.-
We ask, in the language Of the court.
81 there any uncertainty or ambi-
: UIty 'u these terms -
" hen the constitution he's set
apdft' a specified fund for public
school purposes and the General As
sembly says it shall be and hereby is
dedicated exclusively TO the purpose
is it competent for the General As
sembly by an after Law, TO aiienatr
this fund to different purpose p
When the constitution and law says
that certain ''TAXEs aud DUFs" TO
the State SHALL BE DEDICATED EX>