Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1882-05-03
Wednesday, May 3rd 1852

Thursday last refused 10 award the writ !
OF mandamus asked for by Antoni TO
compel Greenhow the treasurer OF Rich
mond city, 10 receive coupons in pay
ment of his taxes. One OF the judges
Of the cour., Judge Moncurc, did rot sit
IN the case. The other four were
equally divided. judges Staples aud
Brooks were opposed 10 awarding the
wit, judges Christian and Anderson
in favor Of il. Judge Brurks express
ed crave doubts about the constitu-
tiouality OF the law coupon killer No.
l." but solved his doubts IN favor OF
its constilutionaliLy stating at the con-
clusion Of LIS opinion as follows: Il
have less hesitation in yielding TO this
doubt because the decision Of the court
in my opinion, furnishes the litiganis
an opportunity 10 speedily test the cor
RICHNESS Of the conclusions here on one
side or The other in the Supreme Court
Of the United States whose decision.
whatever i; may be, must be final and
conclusive settlement Of a much vexed
question:" Judge Anderson at the
conclusion of his opinion says ut may
however prove to be fortunate dispo-
sitien of this case by divided court
because two Of my brethren have not
leen able 20 reach the same conciu-
SONS with that freedom from doubt
which would warrant them in declaring
file law 10 be unconstitutional so that
The Whole subject may be transferred
from this court to the Supreme Court
Of the United States whose province II
is TO enforce The obligations ofconlracts,
and maintain the supremacy Of the
constitution, and whose decision is
nnal.v Tie conclusions Of both the
opinions Of Judges Staples and Chris
,ian are 10 the same effect. In order
10 have the case heard in the Supreme
Court Of the United States as soon as
POSSIBLE. the Court of Appeals, alter
refusing TO award the writ, certified TO
that Court that the welfare and best
interests of the people of Virginia i'm
peratiyely require an early decision of
lie case By The Supreme Court of the
United States. In all probability then
the recent legislation Of Virginia about
Tie State debt, will be tested in the
court Of last resort beiofe.the end OF the
present wear. We believe the result
will be disastrous 10 the pretensions oil
lie coaliuonists, and our belief is based
upon the action and decisions Of the
supreme court in similar cases. In
HarnaD against Grecnhow, case
involving The power Of Virginia TO tax
its lends, the Court Of Appeals OF
Virginia stood just as it did 10 the case
decided last Thursday. judges Chris
iian and Anderson in favor Of award
ing The wit OF mADdamus, Judges
Brrks and Staples against awarding
1t. And Judges Christian and ADDER
son were afterwards sustained by The
Supreme Court of the United States ID
an elaborate opinion delivered by
Justice Field Of that Court in January
1881, an opinion which went 10 the
Iull extent OF holding the funding bill of
1871 constitutional. The New Orleans
case 10 which we alluded last week
was decided in tie Supreme Court
at lis present term, by full
bench Of Justices. and IN the
opinion q many eminent lawyers, the
reasoning Of The Judge delivering tn,
uDani0 Gus opinion Of the Court applies
with great force TO The questions in
vOlvtd il tie Virginia case Of Anton
against GieenhOw which will 90
before i now on appeal from the |
decision of The court of Appeals. |
it cannot be denied that tie case O
Tennessee against Sneed decided by
She Supreme Court Of the United States |
at its October Term 1877 and "upoi
which" as Judge BuIks says, in hi, J
cIiu:Cp in Anton: against GreenhoN |
delivered last Thursday, 1.-THE Virginia |
act was avowedly framed, Is very |
strong in case the direction Of the con.
s!ituiiorality Of that act. Al the Oct.
Term 1879 however the precise oues.
ton decided in Tennessee against Speed |
came again before the Supreme Court |
IN Douglass and Jackson &c. against
Galllard aud the court divided equally.
Justic Hunt being absent. Since 1879 |
Justice Hunt and three others of the
justices Of the Supreme Court, as vel
remember, have either died or resigned.
and Justices Gray. Blalchford, Wood
and Mathews have been appointed TO
oil the yancsncies, all Of whom fully
con cured in tie d, cision recently rem
dered in the New Orleans case. We
are warranted therefore in expressing
the firm conviction that when the Yir,
einia case is reached IN tie Supreme
Court. the decision of thai tribunal will
be adverse 10 the constitutionalily Of
the recent legislation in regard 10 oul
State debt. We congratulate our
rea ders thai case involving Its con,
stitutionaliiy is at last before the lri-
bunal OF last resort, and we hope that
a speedy disposition OF it will be made
for we iullJ concur with our court of
Appeals, that the welfare aud best In.
terests OF all the people OF Virginia
imperadvely require an carly decision.
A verdict ofsl5;OOO was rendered in
the Circuit Court of Frederick. Md
a gainsl The Baltimore and Ohio Rail-