, 1879-08-19


itors agninst Tho City Of Memphis n hill was
filed in tho Foleral Circuit Court nsking tho
appointment Of Receiver for tho municipal
corporation, and tho appointment Of sucli
Receiver was avat1el only by tho roroat or
surrender Of tho city charter md the disso-
tuition Of tho corporation. These proceed
ings against tho municipal corporations havo
boon 50 general at to DO common. Tho stnte
Of New Hampshire proposes to inaugurato
succesafu1, n,slst lend to complications Of
evon moro important character.
Assuming that there DO no hitcli IN tho MS"
alignment business, mud TINT by substituting
tho namo Of tho State Of Now Hampshire Tor
JoHs Doe tho plaintiffs III these cascs can
bring suit mud got judgment against ono or
1lnlf dozen Of tho States, wtnt shall DO
tho proceeding to enforce such Judgments
Private property cannot ho takon to pay rl'b-
lic debts. can tho Marshal levy upon anl
sell tho public property Of tho stato, such rs
Its public buildings, colleges, penitcntiar'ea,
and lnsauo Rsyinrls? >Aa powor to do this
Inns bcoh aeniod In tho case OF lnun1c'pal cor
porations, it probably aoos not exist In. tho
case OF statos, and that tho solo power of tho
Court will bo by 1nhniHmna directed to the
ssate Legislatures aud other officers to lovy
mud collect tax OH the tnxablo property
within lilo Stato to pRy such judgment.
Suppose tho Stato Legislature md aoyoFnor
refuso or neglect to oboy tho mandainus,
what theu? Can tho Court Or Will
tho Court find authority to punish tho
members Of tho Legislature personally by
imprisonment for contompt in not oboying
tho ortlors II tho Court Inns tho jrrIudic-
tion to determine tho controversy to tho OK
tent Of entoring Judgment Tor debt
against tho defondant, OF what uso
will tho Jurisdiction bo if tho judgment
canuos 10 enforced, and on what gro'nl ca1l
State Legislature claim exemption from
the responsibility OF rotnsing to oboy tho
mandate Of tho Court which may not bo
clalnod by nnY Municipal Legislature under
s'n'i'nr circumstances? Tho Jurisdiction Of
tho Court once established, tho powor Of the
Court to enforce tho Judgments must 10 tho
sataio III The ono case rs IN tho other. H.
stead Of tue usaas cases Of proceedings
against Supervisors and Aldermen, New
datnpfhlre, in tho pursuit. Of higher gane'
proposes to prosecute roealcitrant Acgfsla-
TIRES and consnmacousStato officers, oven to
their bodily imprisonment.
The proceedings In tho case Of Memphis
suggest still moro complicated cmbarrass-
mont. In that casa thu INDIGNANT cred;tor4
no.itioned tho Oourt tn anpoint n nocc;ror.
aal the CITY only escaped thai result BY piv
ino I'm It's corporoto mud uo1iticat oxiatonco.
Now. will Tho Stato of Nav uemnsht,a f,o.
maud Of tho Court, in caso, for instance, TINT
thu r,eois1aturo Of Alal,amn will mt law n
| tax to pay tho Indictment, and tbo
non},ora nrofnr to po IN mil. tho
amendment Of n Rece;yer for tho SIato Of
Alabama. WHO. while in Office. wifi bccomo
tho Government Of tho stnto2 Evan M y
Receiycr. It in questionable whot,,cr he con1f7
connc] noo,]o In INV toxcs Novo,tbo1arp
tho etote If Nav I}on,nshirc, onco ;n.o ,,,a
FIGHT. must 10 on. tnouuh tho Govorn,nonts
of hn1f tim sou.larn stotoa Ia il, nr;aon mr.,