Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1878-04-09
Coupon Case Decided.

THE SUPREME COURT OF APPEALS DE-
CIDEs THAT COUPONS ARE RECEIvA-
| BILE FOR ALL FINES DUE THE COM
MONWEALTH.
The Supreme Court of Appeals on
Wednesday last decided that coupons
we're receivable for all fines due the
| Commonwealth. Clark, prisoner in
the city jail, rendered to the City Ser
geant coupons in payment Of fine that
had been imposed on him by the Hus-
tings Court. The sergeant refused to
receive the same, whereupon Clark, by
William l.. Royal, Esq, his attorney,
applied to the Supreme Court of APP
peals for writ of hu6eas corpus.
Judge Christian delivered the opinion
of the court, Judges Anderson and
Burks cencurring, Judge Staples dis
senting, and Judge Moncure declining
| to hear the cause because he held bonds.
| In the former case of AntOni VS.. Wright,
Judge Moncure stated that if he sat he
| would have cOncurred in that decision :;
so it is understood that the decision
| Wednesday receives the endorsement of
four judges out of five.
Judge Christians opinion held that
| the decision of the case of Antoni VS..
Wright had settled the question of the
constitutionality of the funding bill. 1t
had been subsequently adhered to and
approved in the two cases of Wise
Brothers VS.. the Auditor, and was now
no longer open to question or discus
sion. The language of that law, that
coupons should be received in payment
of all taxes, debts, dues and demands of
the Commonwealth, was as broad and
comprehensive as it could be. de
mands" was, according to Lord Coke, a
legal term covering every kind of right
which one could claim toward another.
He met the question of the right of the
Legislature to make a contract author
izing money dedicated to the schools
by the Constitution to be paid in cou,
pons, and stated that the Constitution
meant that such amount as should be
realized from fines should be paid to
schools, The support of the schools
was high duty, but the payment of the
debt was equally high, and the State
had no right to dedicate money due her
creditors to school purposes. She must
be just before she is generous, and it
could not be supposed that the Legisla-
ture would fail to perform both duties
i. 9. to pay the debt and support the
schools.
He did not discuss the other question
raised in the case as to the right of the
State to collect tax out of the coupons,
but inasmuch as the court held that the
coupons must be received for Clark s fine
at their face value without deducting the
tax, the effect Of the decision is to de-
clare that 40 tax can be collected or re-
tanned from coupons, and that they
must be received at their face value. He
declared that they were gold as far as the
State is concerned.-IHe State.
For the SPECTATOR.
NEAR Mt. TABOR, VA. April 9Th, 1878
Mr.. EDITOR with your permission
[ will impose another short article on
your readers. 1 wish to give vent to the
dying groans occasioned by the wounds
from Guesthename's last vOlley. I am
glad to see that he is honest enough to
admit the correctness of my numbers.
Truth is mighty and will prevail"
And [ am gratitied to hear him ac-
knowledge that there are some things he
is ignorant of. At one time l was little
uneasy for fear wisdom would perish
from the face of the earth when Cues
thename should be laid under the sod.
[ can reassert on quite as good autho-
rity as my honorable opponent, that the
challenge was given by ArbOr Hill
hence the opposite party did not feel
that they were under any obligation to
go to ArbOr Hill to renew the contest !; |
and, besides, the children were so small
and SO unaccustOmed to late hours that
it was feared they would have an attack
of Group from the exposure. They ought, |
by al means, to have gone, for l am
sure they missed a golden opportunity /
of learning manners. (But good or bad
that's the question: The boasting with
which l charged the Arbor Hillians is |
not about anything they hare done, but
all about what they can do. l have no
doubt they are excellent spoilers. They |
say SO, and for be it from me to doubt
their veracity in this particular. But
ifthey did not tell it themselves 1 have
very serious doubts whether many |
people would know it. How | wish |
they could find antagonists worthy of |
their best efforts
The part of the moral to which refer
red Guesthename was the first two lines: |
"Thus plain, plodding people, we often shall
find,
viii leave hasty, confident people behind"
Grayelly Hill representing the for
mer and Arbor Hill the latter.
all Sldu tudI NueStnelanle QOSS nOC |
undertake the criticisms ON my article |
but leaves it those who are competent to
critioiss. I have assurance now that it |
will be done properly. And now Mr..
Guesthename accept my profound
thanks for the prescription given for
my physical comfort. 1t is great con-
ISOLATION to me to know that my disease
is in my feet. How I wish yours were
located likewise instead of being at the |
other extremity, but extremes will
sometimes meet Behold Aliquis's feet |
and Gqesthename's head on common
level. ALIQUIS.
FUGITIvES FROM CINCINNATI FOUND |
RUsTICATING IN VIRGINIA-SToRY OF |
ANOTHER PRODIGAL SON.. H. Dri-
yer alias Jackson Driver, charged with
forging the name Of his mother, q
wealthy lady of Cincinnati, to mort