The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-07-27
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800. -, ..,,x, ,x rrxcrroS-HIs REASONS IN
| pIuJ.-pLAINTIFFs REQUTRED TO GIVE posp
| or S25.OOO--rHE SUPREME Coun' or
pr.ra IyyoKEp TO SETTLE THE coUNCn'
TpouBI .Es-- ARREST OF BOSWELL AM n W.
c,,,norn WITH BEING PRINCIPALS IN The
KILLING OF ADDISON. n,sno,ch,
lCorrespo"'e"' July 20, 1882.
Judge Samuel 8. weisiger. OF the Circuit
Cont OF this city, delivered ms ue.,s sio,,
this morning In The matter OF inc liio,'v vi
made TO dissolve the Injunction ssucu ~, w
him. The Injunction restrained .ne Cuy
Auditor and Treasurer (Reaalus.ersl rom
paving out any money from tne Guy iunus'
Judge Weisiger merely dcIiveIeu Ne,'
bal decision, which was ent're'y iilo,a'a'.
When conrf had met, he rose and spoke as
follows: ~
thouoht AZ the counsel. 1t is case OF the
greatest interest to the community, ana
rests unon SINGLE question. ! really do
moi think that either side can complain that
! n hos NOT been earnestly argued by coun-
sol think that IL stranger had stepped
into this hall he would have thought that
| ;nsteod ~ a mere question Of the exercise
Of nnIce functions, il was question
whether Virginia should secede from the
Union and the rest OF the known world.
The gentlemen have discussed 1t with
GREAT earnestness and feeling, and remarks
have fallen from gentlemen on both SIDES
that I did not think pertinent to the
mlestion. This case comes up on
mere motion to dissolve the iniunc-
ton granted by this court on July
14tb TO restrain certain officers OF the city
of Petersburg alleged to have been elected
on July 1st from paying any funds out OF
the CITY treasury. II does not ask for set
| Element of the question whether the gentle
men are legally entitled TO the offices. III
merely asks the Court to stop what the
compiainants think illegal proceedings till
the question has been finally decided 10y
the courts. Let us see what the address
asks. Here the Judge read the injunction
bill. as published heretofore.l
| saw that the bill does not call upon me
to pronounce upon the title or TO give
opinion rs to the title OF Mr.. Russell or
Mr. Plummer to the Office OF Auditor OF
the city of Petersburg. 1t is bill that
claims that the Common Council OF the city
OF Petersburg has exercised power which,
the compainants claim, is conferred upon
1t. II not expressly conferred, it Is by I'M
plication conferred as carrying ont the
Dower vested in it. Nobody can say that
il is not conferred upon the Council III
terms.
The final objection taken to the bill is
that these gentlemen came into court SUI
ing for themselves, and not for them
selves and other taxpayers OF the city
of Petersburg. 1t is admitted that the
facts in the bill are trGe. This bill
is more than that 1t Is not meant that
il is bill i'm behalf OF Robert \. Martin
and thu gentlemen who sign it exclusive
". Are we to suppose that a court OF
equity is so tender upon the preclpice OF
tcchnicality as to refuse the compliments
their prayer because they do not say son
behalf OF themselves and the other taX-pay-
ers of the city of Petersburg y! This is a
bill for the relief OF other citizens and tan
PAYERS who choose to ask for il. The other
gentlemen say that il makes no diilcrcnc re
who is City Auditor. Said Mr.. Bernard:
1--WE are taxed TO pay one set OF officers;
we don't want TO pay two sets" suppose
we pay one set who are Illegal. will we not
have to levy tax upon the citizens To pay
the de jure? Here comes the taN-collector
TO me. What is my remedy! surely
to 90 TO court OF equity and have 1t
stopped. They say that compliments have
no right to sue unless they sue for every
body else besides themselves. Here l. an
authority. which is none other than the de
cision OF the Supreme Court OF the United
State, in the case OF Champion against Ia
briskie, i'm which the Judge says, deliver
inc the opinion OF the Court (Alr Justice
Field: "Of the right OF resident taX-pay-
cr> TO invoke the interpOSition OF court
Of equity to prevent an Illegal disposition
of the moneys OF the county, or the illegal
creation OF Il debt which they in COM
mon with other property-holdcrS OF the
county may otherwise be compelled 10 pay,
there is at this day no serious que>-
ton. The right has been recognized
by the State courts in numerous cases
and from the nature OF the pow
crs exercised by municipal corporations
the great danger OF their abuse and the ne
cessity OF prompt action to prevent IRENE
diable injuries, ii would seem eminentiy
proper for courts OF equity TO interfere
upOn the application OF the taxpayers OF
county TO prevent the contamination OF a
wrong when the officers OF those corpora
| tons assume, in excess OF their powers, to
create burdens upon the property-holderS.
Certainly, in the absence Of legislation re-
| Stricting the right TO interfere in such cases
| to public officers OF the State or county,
| there would seem to be no substantial rea-
son why a bill by or on behalf OF individual
| taxpayers should not be entertained to
prevent the misuse Of corporate powers"
. Now, | say that this is bill on behalf OF
parties suing for themselves and other tax
PAYERS of the city. | would say further
that under this authority taxpayers can
sue.
There is no answer to the complainantS'
bill. You come here upon naked bill,
and move the Court TO dissolve the iniunc-
ton, and you have nothing to act upon
save the naked bill OF injunction. | say
that the people OF the city OF Petersburg have
a right to sue the corporation. You talk
about revolution. The State Of Virginia has
been in constant state OF revolution.
The rules which governed our ancestors
have been changed. Why, revolution is
the order OF the day. The one bulwark
we had has been overthroWn. Ola things
have passed away.
This court does not propose to decide
ANYTHING except what is before it. The
question is not whether Mr.. Russell is
Auditor or Mr.. Plummer is Auditor. or
which one is entitled TO the office. The
citizens of Petersburg, the taxpayers,
have come here and asked the Court not
to let their rights be touched. There is Il
tribunal to which you gentlemen can go to
settle the question whether Mr.. Russell or
Mr.. Plummer is Auditor. don't express
any opinion or intimation OF any opinion
as to either gentleman. This is simply a
case where certain taxpayers come into
court and say on their solemn oath that they
will be injured, and invoke the aid OF the
Court. Nobody comes into court and in
yokes its aid except for the prevention Of
what he conceives to be wrong. "Wrong
is about to be pcrpetrated," say the COM
plainants; "we ask that your Honor do
not allow il -