Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1878-04-06
AIEXANDRIA GAZETTE AND VIRGINIA ADVERTISER.

rehesring, Judge Anderson, in an able and ex-
haustive opinion, discusses the whole question
resfirmIng and eEforcng the views or Judge
Bouldin; and in these views the same judges
concurred as in the originsl decision. mention
this TO show with what delberstion and care
thu questions involved in the case of Antoni vs..
Wright were considered, and the futility of
ain considering these questions excep! to re-
Affirm and adopt the principles of that case so
far as they apply to the case before Us
With respect to the argument made in that
case as it was pressed in this case, that J'les and
other revenues were dedicated to the school
fund, and therefore cannot be paid in coupons,
Judge Anderson. in his opinion [22 Grattsn,
page S74 says: = 1T is said that those pro.
visions Of the Constitution which set apart Ger.
tain funds and q certain proportion of the tax
for the public schools would be defeated by this
Legislation It would seem to be sufficient re-
ply to say that if it were imprsctcable to raise
sufficient amount Of revenue for both purposes,
the latter did not impose an obligation on the
Legislature paramount to tho obligation to pro-
vide for the payment Of the interest on the pub
lie debt. That was ST obligation antecedent
and paramount to the Constitution itsolf, and
could not be reoudisted by the Constitution il it
had so provided. But it is not repudiAei nor
ignored but tie obligation is clearly recognized
by sections 7, s 10 snd 20 of article l0-at least
| to psy Virginia's proportion. And. further
| more, this being an obligation of debt, and not
| eIeemosynary 10 It's character. as are the other
provi.lous referred to- aad however desirable
| aud important it may be that they should be
carried out hesitate not to say this is OF higher
| obligation. But there need be no clsshing Of
duties here. 1t is only required tina. the Legs-
| sture should levy tax sufficient Tor both o.
jects-s duty imposed on it by the Constitution.
| 1t has not been the prstice to set apart IN tho
public treasury the identical money received
| for the public schools nor is it required by the
| constitution nor the acts of Assembly. And
the Legislature hiss discharged its constitutional
obligation when it has set apart tie required
| amount for that purpose
.hese We've, expressed both upon the hrst
hearing ard the re-hearing Of the case of AnLpnl
| VS. Wright, are applicable 10 the case before US,
| and must govern our decision IN this case
| Much has been said IL tbs Csc before us about
| he sacredness of the school fuLd and the psra-
| mount obligation of the State TO eaucste the
people, THIS is a great and high obligation, and
| no doubt will b. fat FLY and firmly met by
the Legislature But. however crest ard high
| this obligation. it cannot and ought not to be
met ut the s>crifce OF other obligations. equally
sacred, and other duties equally high ana oI"d-
| rrg State, like sn individual, must be just
Del; re II Is geierous NO honest man can OF
| will abstract from his creditors what is justly
due tn EN- in order to give it to his children. No
| state in order to educate its citizens, ought to
| with hod from its Just creditors thst which has
be-n pledged by its honor and pllghted faith, to
The payment OF its Just debts. Both obligations
| must and will be met.
The people must be educated, but they must
not be educated at The price Of REPUTATION
| AND DIsHoNoR Better would be ignorance
than enlightenment purchased at such fearful
| price
In conclusion will repeat here the utterance
Of the unanimous voice Of this court in the
hon e.tesd case ~ Grsttsn page BILL when 1t
declared that mo State and no people can have
any real and enduring prosperity except where
public faith and private faith are guarded oy
laws wisely administered and faithfully executed.
The inviolsbllity of contracts, public and pri-
Vate, is the foundation OF ell social progress,
and the corner stone of all the forms Of civilized
society where an enlightened system of ju:ls-
prudence prevails, Under our system of gov.
erment it has been wisely placed under the pro-
lection of the Constitution of the United States
and there it rests secure against sll invasion.
1t only remains for me to gay thst the peti-
toner has herght under the law to discharge the
| fneimpoaed upon him BY the Hustiug Court with
n coupon of bond of The State, which the state
hss .s!e:d to receive in payment of an tarss.
debts dues and demands due the State" and
that he be discharged from further custody.