The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1881-09-27
mo Tennessee Case.

The tennessee OoSN'
we don't know what The name IL OF the
.o.eal,ed Funder lawyer Of Fsuquier coun'
~ who Is relied upon by the Ashonsi'e' IS
their authority for claiming thai tne MD
,YRssesRb hill is a constitutional measure
,hst is 10 say, one not IN violation either OF
the Constitution Of Virginia or OF The Con-
s,i,n,ion Of the United Staies. But let bis
name be what it will, II will carry no weight
with IL when Ran. TUCKER and JOHN GooDI
can be quoted on the other side. Read
again Mr.. TucKsR's remarks In Stanton;
".To Regdjustefs and everybody else
would say said Mr.. Tucker, that this
RlddlebcTqer bill is q delusiOn.' You cant
enforce IL; and IN the isce OF nc Cobs'ltu.
lion q Virginia and the decisions OF tue
United States Supreme Court u ~ luIe W
think about H.. We can tax ln NHgIn,a
about what we will do ana wbat we won
do. but when you come 10 tuC Cu'tI"
mower Of inc United States 10 back u. A
RfAdin.tsr Court Of Appeals Being appealed
from would only hsye ITS decision reversed
by Inc United States Supreme Court, snd
thsi would emo t.. Saying IN the bill that q
ceupon.holder can't appeal from The county
court amounts 10 nothing. The C0nstltu.
lion q Virgins says he can appeal, ana
that ends the natter
= The Tennessee case has no applicaplIly
in virginia. because the Tennessee Consti-
tuition y different from the Virginia consul
tuiion. We invite the attention OF the
Fauquier lawyer to what Mr.. TUCKER says
on this point "Saying In the bill that a
coupon. holder can't appeal from the coun-
" court amounts TO nothing. 1he ConSh-
tuition Of Virginia says he CAN 0ppe0b
and that ends the matter" Surely "fau'
quier" overlooked this point. Surely ne
most admit that when the Constitution says
inst the Supreme Court OF Appeals shall nave
original middleton in cases OF h0bedS cor
pus, m%qndqmuS, and prohibition, the Legs
lature can't take away that jurisdiction by
prohibiting appeals from the county court
nor by declaring that the wroDged lax
psyer shall have "no other remedy what
eyer.V Why, this were mere chllds play.
Think 4 H., Mr.. Fsuquier.' The Consti-
tution SAYS every citizen {, entitled to apply
TO the Court Of Appeals 10 baye issued TO
him The writ OF mGHddHVS. The Legisla-
ture passes an act saying he shall not nave
this writ. what is such an act Of Assem-
bly, WORTH Absolutely nothing. II is not
simply voidable il is null and void.
Again The Constitution provides that
The Court Of Appeals SHALL not baye luris-
diction IN cases where the value IN %cOniro'
yeIsy Is less than five hundred dollars eX-
cent I'M certain cases mentioned ami also
"except in cases Of h0beaS corpus, man-
dqmuS, and prohibition, or the cOnstitu-
iionaIty u a law" The sane wrlts are
guarsnte. d 10 every citizen m two differ
cot places. Besides, let the amount In con-
troyersy be as insignificant as II may, the
same court has jurisdiction in every case
involving =. the constiuutioDslity Of a law"
Now. This is the very question that every
coupon-holdcr will raise. No county court
can decide it finally for him without his
consent. His right to appeal cannot be
tskeu away by the Legislature. 1t Is guar
anieed 20 him bg the Constitution.
Look again II the Legislature can take
away the coupon holders right TO the writs
OF ho6eQS corpus, m~GndamuS, and prohibit
ton, il can take away all the rights guaran-
teed IN he same section Of the Constitution.
Will &" FauquIer" or any other lawyer say
that the Legislature csn TAKE away the right
Of any man to tske his case 10 the Court OF
Appeals in all the other cases mentioned III
that section? Hardly.
The case Of Tennessee Us. Snead won't do
in Virginia. We need only repeat RAN
TUCKBR's words, "~Saying in the law that =
coupon.hoIder can't appeal from the county
court amounts TO nothing. The Constitu-
ton 81 Virginia says be can appeal, and
that ends the mat;er." or, joins GOODIES
. words:
. "As for the Riddleberger bill il il a
b snare ard Il delus,on. IL would not stand
4 an hour IN a court. 1t is against the Con-
siitutiOn. Your cOunty-cOurt Judge here
might give any decision he pleased, but
The prohibition Of an appeal from that De.
cisioH would amount TO not the SNAP OF my
finger. The Constitution provides that the
Court II Appeals shat have jurisdiction IN
all eases Of uGconsiilutiOnality Of 4 law and
in other casts. You present your coupon
and the shcrih refuses il for taxes, and you
get out your mOHd0mUS from the Court OF
Appeals 10 make him lake il, aud that ends
m. paoffar Hg musf fsEp il -