The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-11-25

-" WI pc Nfrnhed Tor Zen Days al Least; {;
Meantime Coupon-KiIIer No. 2 Goes Into
Operation.
In the Supreme Court Of Appeals yester-
day Judge Crump moved that the iudv-
lnent rendered on Thursday in the matter
OF the CoupOn-killcr No. /. in so far rs
same refers to the McCulOch bill or 1910
coupons, be certified down to the Hastings
court, in which court the question arose,
and the decision whereof the Supreme
Court sustained.
Attorney-General Blair, who appeared
Tor the Commonwealth, objected 10 the mo-
ton being entertained at all; but if enter
famed he asked that the Court give him OBJ
portunlty TO examine some authorities and
10 be heard in opposition to the certifcation
proposed. lie acknowledged the courtesy
OF notice OF this motion served upon him
Dy Judge Crump, but said that he was not
party to these procccdngs-thc notice. he
Thought, should have been served upon the
Treasurer OF the city Of Richmond so that
ne might have his day in court and be
heard.
THE RULE OF TIE COURT.
The Acknowledgement maintained that
the motion submitted proposed violation
~ 'HN hi' VI illiN tUuIl. w men DiOAl0f~
that no ease shall be certified down, cX-
cept Tor special reasons, unless sixty days
have expired or the term ended. lie ar
gued, too, against the policy Of hearting
such motions, a. the effect would be 10 in
terrupt business here, and therefore amount
TO a denial Of justice. lie could see no
special reasons why the judgment in this
case should be certified down. He re-
la1 IA, !
amount CID between one man Smith and
the Commonwealth, and insisted that notice
should have been served upon the Trca-
surcr OF the city OF Richmond, against
whom il was proposed the mdadomuS
should issue.
Judge Joseph Christian said that il had
always been the rule OF thi, court TO notify
the counsel who had argued the ease in this
court, not the parties themselves.
CASE or PUBLIC CONSEQUENCE.
Judge Crump said that he disliked to
take up the time Of the Court with the az
gumcnt Of a question which seemed 80
plain, but he would say that fhiS is IN
ended ease OF an unanimous court, and il
VIII regulate the proceedings OF a public
officer. Another peculiarly is that IN th,
case the Court was engaged i'm constituting
public statute. Why should not the
judgment OF the Court be known at once Z
Has any reason been given? lie thought
not. Judge Crump said that the Attorney
General wa, mistaken II he supposed that
the cases generally remained here sixty
days before they are certified down. As 4
matter Of fact. probably nine tcnthS OF
them are certified in much less time than
that by reason Of the adjournment Of the
court before that period has elapsed.
THE NATTER OF REHEAEING.
Judge BurkS remarked that one import
ant reason for the rule OF the court was to
give parties opportunity to move for re-
hearing.
Judge Staples said that in ms experience
in this court he had never known ease 10
be certified down until after the expiration
OF the ten DAYS allowed for Il motion 10 re-
hear. unless by consent Of counsel on both
sides. He quoted Judge Moncurc a. say
ing that that had long been the practice
here.
Judge Crump: There is no indication
from the bar that n rchcaring i desired.
Judge Staples They have ten days ioi
that.
jude Crump maintained that rs there
was no suggestion Of a rchcarlng from the
Attorney General, and as this proceeding
j. OF public consequence, and is IN the ma
turc OF a mQndumuS, il is entitled to spc-
cial precedence.
Judge Staples: repeat never knew il
to be done within the ten days except by
consent OF counsel. He may come in on
the ninth day and ask for rehearing.
Mr.. Blair: have ten days within which
| NAV consider whether | shall apply for a
rehearing. and 10y the law and the rule Of
this court YOU cannot deprive the Com
mOnwcalth Of this right.
WHY HURRY:
Judge Anderson asked Judge Crump If
there is any special reason why this officer
CNr. Greonhow) should be informed OF the
Judgment Of the Court at once.
Judge Crump said there were several
reasons. The taxpayers should bc IN
formed what they can pay their taxes IN.
and the collectors should be informed what
they should receive for taxes. Further, he
said, that unless thi, judgment he certified
down, a, asked. the proceedings in this
ease may after December l>t prove abor-
tive.
Judge staples inquired if a man, under
the decision. could not pay his faxes in
coupons a. well after as before the l>t II
December.
.mdrc Crump: NO. The Coupon
Killer No. >. aS il i called. prohibits il.
judge Staples: - J was not aware OF IT.;
had overlooked it,
For the reasons given, and because the
officers Of the commonwealth, headed by
thc Acknowledgement had ever since I he
adjournment OF the legislature, some >lN
month, ago, been dcpriving taxpayers oI
their rights in this respect, Judge Crnmp
asked that the motion be granted.
The Attoney-Gcneral and Judge Crlmp,
after some further argument, submitted the
case.
DECISION~OF THE COURT.
Judge Christian, the president Of the
court, took the vote.
Judge Anderson said in view OF the cir
cum,tances shown that he regarded II aS
thc jmpcratiVe duty OF the Court TO certify
fine Judgment down. That would mol, III
his opinion, preclude the right OF the At
torney-GeneIal to ask for rchearing.
Judge Staples said that he adhered 10 his
opinion that the judgment should not be
certified within the ten days except by
consent. At the expiration Of ten days he
might agree 10 the motion.
Judge Burks considered the motion pre-
mature. He understood the Attorney
General to say that he desired to consiaer
OF motion for rehearing.
Judge Lewis said Il concur In over
ruling the motion for the present.
Judge Christian said that he believed II
was matter left entirely TO the discretion
Of the Court. The case is naked question
Of the construction Of statute. All the
motions In the world could not affect the
case besides, now to certify il would mol
deprive the Attorney-General OF a rehear'
ing. ,-..,. 1,,,,,o