The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-09-06

ensll,s in revenue cases will inevitably 1911.
There il no way in which the Leg's'alprs
ena eyade the plain provisions Of lhe ssa'e
Constitution on this subject. II The s's'e
PROSTITUTION were silent 10 regard 70 tns
,,.,,er ~ should at once concede tpe
nowe- o, the LegIsisiure over II; because
we fully concur in the die'nm thst q state
Legislature may do almost anything no'
,o,bldden by the State Constitution nor sne
Federal Constitution.
We are inclIned 10 think that The Wns y
moi 4, an sure Of It's footing, or u woulo
never have tried TO stand upon sucn
auckland Is the following, quoted 10 ~
last issue:
"That ell power Of suspending avs, VI
The execution Of laws by any su.noi,tI
,oithott the consent Of ne repreSel.saas.,vfS u
a. ysonIe. a. injurious 10 their rignts' ava
ouqht not 10 be exerc'Sed.
That is very good doctrine; is 9 oOS s.ll
,hs, has been taught in England for hun
dreds Of years. bu, has no possible app'fca'
,,on 10 the case before us. The language
ono.ed BY the Wig is . part Of the Vir'
c,nia Bill OF Rights adopted more thsn
hundred years ago, and OF course re'ef'
now as shen not to the Judicial department
OF The Government but to the Executive 90
psrtment. 1t ondemned acts OF GEORGE
III. Let that pass.
Let rs look into this constitutional ques'
tion. |. arises out OF the attempt OF Inc he-
adiustcrs 10 take away 'tbe jurisdiction Of
the Supreme Court OF Appeals OIL Virgins
in All cases that might arise under the KID
pLEBrRGER bill. Hes the Legislature the
power TO do thsts We say not. The Con'
stitution provides as follows;
"Tbere shall be a Supreme Court OF APP
ne.ls. Circuit Courts, and County Courts
The Jurisdiction OF these tribunsls, ana toe
iudees thereof, except so far as the same IS
conferred by this Constitution, sball DO
regulated by law" ~
The Constitution also says
"The Supreme Cour, Of Appeals '
shall have appellate jurisdiction only, en-
cept ia cases OF hobe0S corpus naahdonFlS,
and pr0hibition. II shall not have lappeL
latel Jurisdiction IN civil cases OK
cent In eases OF hdbeGS corpus, mandon~A
and prohibition, or the conslitutlonai'y o.
law"
The editor Of the Wing knows that the
language we have quoted means Just Woa'
IL would II il were in the following WORDS
.sThe Supreme Court OF Appeals shall
have jurisdiction in all cases OF hd6edS cor
pus, monddmuS, and prohibition, ana 10 dli
eases in which the cOnstiiutionaiity or
law is involved"
Observe: When the Constitution says
that the Court OF Appesls shall have turis-
diclion in cases involving "tbe eonstitu'
tionslity OF law" it means, ain all cases
involving The constitutionslity OF law"
1t doesn'. mean that II the WIG has such 8
case that case may be taken to the Court OF
Appeals, whilst II we have such case the
Legislature may say whether II shall 90 to
that court or not, but it means that every
citizen Of this broad Commonwealth having
case involving the constituIionality OF
law is entitled 10 be heard 10 Der highest
court. The RIDDLEBERGER bin, 10 viola
ton OF the State Constitution, tries to de-
priye the taxpayers Of This right. There
fore, any case which may arise involving
the constilulionality OF the RIDDLFBnRGsH
bill may be taken up TO the Court OF Ap
peals in spite OF the Legislature.
II the above be sound argument, 1t FOL
lows necessarily that every citizen OF Vir
ginia has under the Constitution right tc
apply to the Supreme Court Of Appeals fol
writ OF mandamus addressed TO the col
lecung officer requiring him to receive cou'
pons for taxes, and that the Legislature ha:
no power to take that right away from any
citizen. The Court OF Appeals would trea
pretended law passed for the purpose o
taking away that right as null and void-a
not worth the paper it was printed on. suci
Is our opinion, at least.
The Whig claims that the Legislature
"creates The Court" Of Appeals. Not so
The Court is provided for by the Con'titu
ton, and the Legislature cannot do ava.
with it. However, the Wing is logical
because if the Legislature can take ava
from the court jurisdiction conferred b.
the Constitution, It can take away the cour
itself from the people. But it can d
neither.
The Wing says further:
"The Legislature OF Tennessee forbad
n,andamuS, &c, as a remedy in the ease G
collectors refusing TO receive the tax-rt
ceivsble Tennessee bank notes for taxes
and supplied another remedy (ss the Rad
dlebeiger bill does precisely, snd this wa
held TO be good law IN Tennessee and a
over the United States by the decision c
the Supreme Federal tribunal"
Wrong again. The Court said II wa
good law 10 Tennessee; but it would no
have said so IL the Constitution OF Tennes
see had contained the provisions which tn
Constitution Of Virginia contains quote,
above).
Ia a word, the RIpDLsBERGnR bill is u
settlement. Ii is "a delusion and snare.
The State debt will never be gotten rid Q
by the aid OF any such rigmsroe OF nor
sense Al good men desire to have tn
State debt disposed Of once for all. Let III
therefore, vote for DANIEL, BARBOUR, an
McKINSEY. You may rest assured that Ia
creditors Of Virginia will never come
terms with men who not only try TO wrei
from them forly.seyen dollars out Of ever
hundred Of their principal, but forty.iou
dollars out OF every sixty OF their interes
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Mr.. LgwIs.-Can anybody state author
tatiyeIy that Hon. JOHN +. LEWIS woul
accept the Office Of LieuienaDt- Governor, {