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

and useless task. to attempt to 20 over
Iagain the reasons which governed this
Court in coming to tie conclusions then
reached and firmly adhered 20 ever
since. l can only say for myself that
after careful consideration ofall the
views which have been presented on
this question the opinion OF Judge
Bouldin in Antoni vs.. Wright is lucid
able, and conclusive exposition of the
law. is one based upon judicial logic
and fortified by judicial authority, which
makes it impregnable against every as
sault which may be made upon it.
Adopting, therefore. the principle,
and reasoning in the case of Antoni VS.
Wright, we are lett in this case to a sin
sic and very narrow inquiry; and that
Is, Are fines imposed for violation }
law included in the purview Of the stat
ute? One OF the principal and universal
ly adopted rules construction OF stat
utes is that in the enactment OF statute:
the rule OF Interpretation Is, in respect
10 the intention OF the Legislature. that
where the language is explicit the court:
are bound to seek FIR he intention, il
the words of the act itself. aud they art
not at liberty to suppose or to hold thai
tie Legislature intended anything differ
ent from what their language imparts.-
Pot, Dwarls on statutes,p. lac. Word,
in q statute are never to be considered
as unmeanng and surplusagc if "a con-
structiOn can be legitimately found
which will give force to and preserve
all the words in the act.
Second. 1t is objected that fines are
dedicated by the Constitution, and BY
statute enacted in pursuance thereof, IL
the literary fund for school purposes, and
it the act under consideration embraces
lines, to that extent it is uncOnstituton-
/ al.
Now, it's to be observed that neither
the Constitution nor any act passed III
pursuance there Of requires the collec-
tors OF the public revenues. nor the Aud
itor, to keep seperdte and distinct each
particular fine assessed against offenders
and pay ii over, as collected, To the lit
erary fund, but the requirement is,upon
| lair construction. to turn over to the
| literary fund lohutecer amount may come
| into the Treasury from the source of
fines, and dedicate that amount to the
purpose Indicated. This same argument
was pressed most vigorously in the case
OF AntOni VS.. Wright (supra), and was
answered, think, successfully and con-
clusiyely by the lamented Judge BOul
DIN; and prefer TO adopt his views, 50
clearly and ably put, rather than mar
and weaken them by words or views OF
my own. He says: But it is argued
the contract in this case is void because
It Is repugnant to the 9Th section of the
Sth article and Sd section OF the 10th ar
ticle OF the State Constitution, dedica-
ting certain portions Of the State reve-
hue to the support OF free schools. We
think there is no such conflict in the case.
1t only requires that obligations
Of succeeding Legislatures shall be firm
ly met; that there should be what the
creation Of every new debt I'M q lively
demands-tO wit, au increase OF taAa-
ton 1.-THE existing rate be insufficient.
The argument is based on the assumD- |
ton that the subsequent Legislatures |
Will tail in their duty and PURSUE such !
course as may result in malap propia-
ton OF The funds referred to: that they |
Will decline to meet faithfully the hieh
obligation resting on them. and then re-.
lyon the irregular consequences Oftheir
own default Is an argument against the
validity OF the debt for which they will |
have failed to provide. The malappro-
prlatiun which would follow would not
lie the legitimate result Of the lundin.
t, but in effect would be the act ofthe
Legislature failing to discharge its duty.
The obligation to provide for the inter
est due b. these coupaHS IS as high As
the duty Of applying the capiIatlOn tax
and other funds TO the schools. Both
duties are alike obligatory and both may
be discharged, as there Is no cohflict be-
tween them. 1t Is only by failure to
discharge the one that thcr performance
of the other can be pul in jeopardy, and
il res with the Legislature, by faithful
Is and fearlessly meeting both Obliga-
TONS, to preserve the phghted faith OF
the state and protect her Constitution
from violation"
JUDGE STAPLES OPINION.
Judge Staples said: The opinion just
delivered by Judge Christian is all
aiirmance of the doctrine LAID down in
Antonivs. Wright. twill he remem-
bered by those who were then present,
or who have taken any interest in the
subject, that it was my fortune to differ
with the majority of the Cou in the de-
clsion then rendered, and in the reason
ing BY which it was sustained.
Since that time, the whole question
has received fall and exhaustive dis
cussion by The public press, upon the
Hastings, and in the legislative dc
partment. That discussion aud my own |
more deliberate reflections, have but |
strengthened my convictions Of The
soundness and justice Of my opinion /
then entertained. do not see, how.
ever, that any good can be attained by a
further discussion OF the question in this |
Court. Every one here present, every
intelligent mind in the Slate. has. per-
haps, reached some definite, fix, 4 couclu-
slon lpon the su ject. and nothing that
can be said here, by myself or others,
would after Or modify that conclusion. |
will not, therefore, Row undertake to
enter into any argument of these points
with respect to which it MAS my mis-
fortune to differ with my brethren. |
may hereafter to do, so il time and
opportunity are favorable, and now re-
serve to myself that privilege. This
much may say in justice to myself, if
it Is now to be regarded as settled law.
that every demand, debt, and claim due
the Commonwealth, Of whatever
character or classification, to the
amount of one million and two hundred
thousand dollars. may be paid in these
coupons; If the Legislature under no
circumstances has the power for the
next thirty years to diminish the rate OF
taxation, whatever may be the necessi-
ties or condition Of the people; if il has
surrendered all control over the pablo
revenues to such an extent. and for such
a nrrlOd whatever NAV be the Dubli,. ,