Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-04-24
PROCEEDING AGAINST A STATE


An equally interesting and important
case to that decided by our Court Of APP
peals last Saturday, and one that may
possibly have an equally practical
application to the business affairs of our
State, is the suit now pending in the U.
s. Supreme Court between the States
of New Hampshire and New Orleans.
This is very novel proceeding, and
will attract wide attention. Sometime
ago the Legislature of New Hampshire
passed law authorizing its citizens
holding claims against another State to
transfer them to the State for suit in the
Supreme Court of the United States.
The object of the New Hampshire law
was to substitute the State for its citt-
zens, and enable it to enforce the claims
which they cannot. Under its provi-
ssions the State of New Hampshire has
brought suit in the Supreme Court
against the State of Louisiana to recover
claims for debts which the latter State
has virtually repudiated and refused to
recognize, and the court has advanced
the case on its docket so as to secure a
prompt hearing and decision.
The question is one of no small I'M
portance on account of its bearing on
the rela. ions between the several States,
and also on the relations between the
States and the general government.
Many of the States have openly repudi-
ated, disowned or refused to make pro-
vision for large portions of their debts,
amounting in the aggregate to over
S5O,OOO,OOO. II New Hampshire shall
recover judgment against Louisiana
it will establish the legality of al these
claims against the repudiating States,
and serve as an example for other suits
to enforce them. The State of New
York has passed law similar to the
one in New Hampshire, and if the pres
ent suit goes in favor of the plaintiff
New York will bring suit for millions
against Louisiana and other Southern
states.
This will determine the legal points
in the case. 1t will settle that any State
acting for its citizens may sue a repudi-
ating State and recover judgment for
the repudiated, diSOwned or unpaid
claims. Up to this point the case pre-
sents only dry and impractical legal
questions. But will il end here? Can
the judgment be enforced and the money
collected by execution, rs in ordinary
cases against individual debtors, by the
seizure and sale Of property? If the
creditor State shall recognize the right
eOusneSS Of the Judgment and vOluntari-
~ make provision for its payment this
will be an easy and happy solution Of
the difficulty. But suppose the Legisla-
ture of the creditor State refuses
to do this, and is supported in its
refusal by the people, what method will
the court adopt to enforce its decree?
a Judgment that cannot be enforced is
q mere piece of paper. y State owns
certain property - capitol building,
grounds, executive mansion, penitentia-
~, university, eleemosynary asylums
and other public buildings-but these
are adjunets and instrumentalities Of
government, and it has been decided
that such public property cannot be
seized and sold for debt. \ State has
right to levy and collect taxes on its
citizens, but no outside power shares
this privilege with it; and if the legisla-
ture Of a creditor State refuses to adopt
this method of satisfying the Judgment
Cfa court it is not clear that the court
would have any remedy whatever.