The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1881-10-27
sTAUNToN, VIRGINIA, OCTOBER u, 1881.
act is voids Think not, and for the

IlCpCoiilS dCb Is VOtu bu1llh uOb, dlu III blC
following reasons:
In the first place, the State must in good
faith give the taxpayer who holds coupons an
expeditions remedy by suit He must be al
lowed to sue in any court having jurisdiction
over the amount and the parties, and the
judgment when entered must be paid at once
The REM dy must not be illusory, but actual
land beneficial, unembarrassed by any delays
or conditions or restrictions which can impair
lis value. But some may think If this isdone
our condition would be as bad as it is now.
Such is, however, by no means the case. Sup
pose John Doe, who is not a tax payer holds
our coupons,-he cannot get nsn7sda mas to
compel its payment because the extent Of the
relief which the courts can give by way of
nadndanaus is to compel the tax-cOllector to re-
ceive it from the holders in payment of taxes.
It, therefore, John Doe owes no taxes, he can
even as the law now stands, have no nsd7adn-
mas. In other words, to get the benefits o.
the contracts on the coupons he must hold
the coupons and owe taxes, debts, demands,
or dues to the State" All, therefore, that the
coupO1-holder, who is not also a tax payer,
can do, is to sell his coupons to some who does
owe taxes. and then the latter can use
them. But suppose the tax payer finds
that when be presents his coupon for taxes
it is not received, and he is turned round
to bis suit against the State-why he will
say when coupons are offered him for
sale, Il don't care to buy law suit" For
first he must buy his coupons, then he must
pay his taxes in money, and thenhe sues on the
coupons 1t is true he would recover the face
value OF the coupons and would make the dis
count on them; but there is not much room
for profit in that. The truth is, that such leg
islation is destructive of the coupons. And
such has been the practical operation of it In
Tennessee. The remedy given is perfect and
complete, just as perfect and just as COM
plete as the remedy upon any contract OF
private individuals. 1t must be just as
broad as the remedy by m0a,ddnaats 1t
must cover the case OF every tax paying cou-
pon-holder, but it need not go beyond that.
Its effect is to destroy the negotiability of
coupons. 1t puts stop to their purchase and
sale. Now they circulate almost as freely as
money. L hope the Legislature of Virginia
will enact the Tennessee laws at its next sess-
ion. Let us make no experiments Take them
without changing letter in them; they have
received the appreciation of the highest tribu-
uals in the country. l will add, however, that
there is no occasion to repeal the remedy by
na0pddnaus, ali we have to do is to give anoth
er remedy, and the existence OF another remedy
is OF itself sufficient reason for refusing the
prayer for nsa1adanaus. Every lawyer knows
this, but If any doubt it, they will no longer
do so If they will refer TO High on Extraordi-
nary Remedies and consult few of the MANY |
cases there cited from every court almost in |
the Union. [ would take nothing from the |
| would leave him the remedy |
he has now and give him one which the Su- |
preme Court says in Tennessee VS.. Sneed is
much better one. In other words, would |
kill him with kindness. FAUQUIER.