The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1883-09-13
The Coupon Decision,

The Baltimore Sun thus summarizes the
recent decision of Judge Bond, in the Vir-
ginia Coupon cases, a short notice Of which
we published last week:
The decision rendered by Judge Bond, of the
United States Circuit Court, on Tuesday last
though not final as regards the validity of the
Riddleberger cOupon-killer acts, inasmuch as 1t
the United States, is still of the utmost i'm
portance as advancing the Virginia debt ques-
the Ave suits before the Judge the first and sec
Ond were suits in equity brought by citizens OF
the State of Virginia against the treasurer OF
the State to prevent the sale of the property OF
the plaintiff for taxes, in payment OF which
coupons, made by the law OF the state receiv-
able for taxes, had been rendered. With regard
diction of the circuit courts OF the United states
first to be settled and AFTER very iuli ana e.
laborate review of Unconstitutional pro- is1ons,and
citation of o long line Ofdecis1ons defining the
circumstances under which trial may be had in
the federal courts or cases may be removed
from State to Federal courts, the judge finds
that the act of March 3, 1879, made radical
changes in the practice and jur1sd1ctional pow
ers OF the circuit courts enabling the latter, con-
currently with the State courts, TRY all suits
OF civil nature involving over five hundred
dollars "arising under the constitution or laws
of the United States" and it has been decided
that a case arises under the constitution or laws
Of the United States when, for us correct de-
construction OF either the constitution or laws
OF the United States. The coupon cases in ques-
inasmuch as their correct decision depends upon
the construction of the constitution of the
United States as applied to the acts of the Gen.
eral Assembly of Virginia, the issue being
whether the cOupon-killing acts OF the General
Assembly are not in conflict with the
provision forbidding State to pass laws inval-
fdating contracts. With regard to one of the
other three cases the jurisdiction of the court
was indisputable, that one being a suit in
equity brought bya citizen of the Kingdom of
Great Britain and Ireland against the treasurer
Of Virginia; the second was renlanded to the
state court from which it had been removed.
It was mere action of trespass, and no ques-
ton of o federal character was raised by the
pleadings; besides which objection the amount
involved being less than $50U, the Circuit Court
of the United States could have no jurisdiction.
And the last case, brought originally in Judge
Bonds court under the civil rights act, was dis
missed the points put in issue by the pleading
not bringing it in the judgment OF the court
within the scope of that act as 1t has been con-
strued by the Supreme Court OF the Unlted
States. The orders passed in the cases IN Wnlcn
the Judge upheld the Jurisdiction OF MS court
reaffrm his previous decision In the case or the
Baltimore and Ohio Railroad Company against
Allen that tender of coupons Tor taxes Is q
legal tender, and enjoin officers OF the state OF
Virginia from levying on q taxpayers property
after tender of cOupons has been made should
this decision be sustained by the supreme Court
Of the United States the readjuster legislation
of the last four years will probably be found to
.be inadequate for the purpose intended.