Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-08-12

10 uOU UcIcVc Any Ildu buC COuutl >an Wv
better on that side than you have done, but
your argument was based on fallacy from first
to last. Unless you have positive, perfect
legal remedy for enforcing contract, you
have no legal obligation. Talk of a State en-
forcing ITSELF (The Tennessee case, (101 U.
s., 337, Chief Justice Waite's opinion read
and commented on.) Suppose 1t had been
case against ain individual or municipality, do
you doubt the court would have held the leg
slative withdrawal of the right to sue yio-
lation of the contract? There must be a
power to enforce before there can be a remedy
such as the constitution coptemplates as the
obligation of a contract. There must be the
power to enforce the contract in court OF
justice.
Mr.. Cole-Take the ordinary case of a
mortgage.
Mr. Wilson, can make any argument I
please. He is again confoundlng the legisla-
ture and the State.
The Chief Justice-The power given to
mortgage to enforce it's terms. Is not that
contract?
Mr.. Wilson-Not in any such nature as ap-
plies here. He has irrevocably given his con-
sent
Mr.. Gilman-Our court has called it rem
edy. The Virginia supreme court terms tia
remedy to be enforced.
Mr.. Wllson-But you give him the power
of attorney and bind yourself not to revoke it,
Mr.. GiIman-Yet it is in the nature Of a
remedy.
Mr.. Wilson-For money consideration
give you q power of attorney, cOndtionally,
to sell land. That is not remedy. But If In
doing that you violated that contract would
have remedy The trouble is you are trying
to assmilate it to things it is not like.
Remedy means the right to cOmDel party
| TO do right who has done wrong. There is no
relnedy against the Stale, ergo there is no ob-
legation. II You do not rule That way you
must override every decision of the United
States supreme court to this time .
Mr. Gilman-Must the remedy be only ju-
dIclal?
Mr.. Wills ,n-How can any other depart
ment of government enforce remedy?
Mr. Gilman-The legislature can cause
contract to be performed.
Mr.. Wilson-The legislative power to levy
tax is remedy. Bus it is voluntary. To en-
force means something. The legislature could
not enforce the collection of tax. That is
done by the law and the Ju-
dietary. If the legislature is an interms-
date, so is the assessor, the collector and the
taxpayer. No, sir, your contract was with
| the State You never had a perfect legal REM
| edy to enforce. Hence it is not within the
constitutional inhibition.
| The idea of applying the law of the subject
| to the sovereign is absurd. In the Alabama
per cent. fund case, the fund was subject to
disposal by the Legislature of the State 1t
contracted to transfer 8 per cent TO the railroad
company. At the same time the law per-
mitted suit to be brought against the State,
| judgment to be given, and on cert tcate OF
| Judgment warrant was TO issue on the State
treasury. This came near the point of an alb
solute legal remedy. The railroad company
brought suit and before the final hearing the
Legislature passed an act taking away
the right to sue the State
and the case was discontinued. All that
appeared lacking of a perfect remedy when
| the contract was made was that the legisla-
ture might stop payment by refusing an ap-
preparation. The court held there was no
| such remedy for enforcing the contract as it
is contemplated in the constitution might be
taken away. But this went far beyond our
obligation.
In the North Carolina case it was held that
the courts cannot compel the raising OF a tax.
But there was one way they were going to
sell off these bonds. I supposed it was known
that in action in tort in this State there
couldn't be set off.
Mr. Cole-Suppose the suit to be against a
surety on the treasurer's bond. That would
not be tort.
Mr. Wilson-But Ohio was to get these
these bonds, and recover judgment, and then
SOmeLQlnS WOuIU happen. w udb WOuiu udp-
pen, he didli't say. supposed if ever any
thing was settled, it was settled that neither
Ohio nor the United States could compel us to
levy a. tax. He couldn't inquire what would
happen, and I'll leave it there.
Mr. Cole suggested the Virgins coupon
tax ease, and supposed, there being no remedy
by mandamas, that the treasurer had received
| the coupons and offered to settle by turning
| them in in place of money. Wouldn't the
/ court have sustained him?
/ Mr.. Wilson-In the Virginia case it was in
| the contract, printed on the face OF the bonds
and coupons that they would be received for
taxes. The party had legal remedy.
| Mr.. Cole-What?
Mr.. Wilson-To tender his coupons to the
tax collector.
Mr.. Cole-Suppose he would not take it..
What then?
| Mr.. Wilson-The law would compel it.
Counsel has utterly failed to sustain his
points except by suggestions bad in priDci-
pie or using language in double sense.
| Here Mr.. Wilson returned thanks to the
court for its patient hearing and the long ar
gument was ended.
| The brief of the respondents is to be handed
to the court this morning, and the brief Of the
REALTORS is to be handed in Monday morning.
As they will contain the speeches and cita-
| tons read in full, each will be quite formi
dable volume. The court will PROBABLY have
it's decision ready about the first of next
month.