The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-12-16
THE DEBT Is SETTLED.
So Said the People in November; So
Says the General Assembly Now.
RECESS AGREED UPON.
Legislative Notes and Personals.
Senate.
SATURDAY. December Il. 1a0

| d.
No prayer.
The communication from the Superin-
tendent OF Public Buildings stating WHY
telephone connection cannot now be made
with the Capitol was read by the Clerk.
Laid on the table.
LICENSE TO CIRCUS COMPANY.
Replying to the resolution OF the Senate
| adopted on motion OF Mr.. Mccormick,
! Auditor ). Brown Allen sent in commu-
nicatlon saving "tbat State licenses do not
| issue from the Auditors Office except TO
sewing-machine, insurance, and telegraph
| companies. The duty devoives upon COM
missoners OF the revenue in the different
counties. There being no authority for It.,
| do not remember 10 have instructed any
commissioner Of the revenue TO issue TO a
circus State license as peddler." Laid on
the table.
LEAVE or ABSENCE
was granted Mr.. Thurman two days, Mr..
Twyman two DAYS.
COUPON KILLER NO. ..
A communication was received from Au-
! ditor Allen, and was read and referred to
the Committee on Courts:
The Auditor, in response to a resolution
OF the Senate requesting him to inform the
Senate "why it is that act approved 2Gth
OF July, 1882, known as CoupOn-Killer No.
| 2. has not been enforced; and why it is
| that in face OF that act proceedings under
the act approved the nth day OF January.
| 1882, known as COupon-Killer No. /, are
! being recognized by him." said: | beg,
respectfully, TO say that the resolution is
based on a total misapprehcnsion OF facts,
wherein it assumes that | have at any
| time, or in any way, failed to seek the en-
forcemcnt OF this act OF January 26. 1882,
known as Coupon-Killer No. ,. The
contrary is true. SO anxious, indeed,
| have | been TO have both acts en-
| forced according to their provisions rs con-
strued bv the courts that | have i'm con-
! junction with his EXcelency the Governor
OF Virginia employed counsel in the sub
ordinate courts for that purpose, when, as
in some instances, attorneys for the Com
monWealth have failed to defend yiglantly
| the suits brought in their courts; and we
| have given instructions to the Attorney
| General OF the State to appeal in all cases OF
contest, so aS to work judicial expressions
from the appellate courts in all eases, a
we felt sure that no one coupon case could
determine the validity OF another.
The two acts-to-wit, that OF llth Janu-
ary, 1882. known as Coupon-Kiler No. l.,
and that OF 26th Of January, 1882, known
as Coupon-Killer No. ,, are in nowisc, rs
assumed IN the resolution, in antagonism TO
each other, nor has the latter. in any sense.
repealed the former. Indeed, the United
States Circuit Court for the Eastern dis
! trict OF Virginia, at Richmond, Judge
Robert W. Hughes sitting, in very elabo-
| 1.xrls nd llNV
clarcd. as then and now believed TO be
sound. that the last act was merely in
aid of the first: that it reinforced the
| first. but did not repeal it. There has been
no reversal of tins judicial Interpretation
OF these acts by any appellate court, and |
! have been content 10 adhere TO this adtu-
| dicatiOn until ovcrruled by the courts.
! further add that the first-named act,
although vigorously aSSailed by its ene-
mics a. unconstitutional and in violation
OF the rights Of the public creditors, has
! been sustained not only by the Supreme
Court OF Appeals Of Virginia, but by the
! Supreme Court of the United States in the
now celebrated coupon case OF AntOni rs.
! Greenhow, treasurer. While there has not
as vet been any express adjudication on
/ the last act by either of the supreme tri-
bunals referred TO. hence rs public officer
/ OF the Commonwealth seeking TO protect
! the public treasury from the constant and
unrelenting attempt, made by the holders
of coupons upon her revenues in nearly
every court OF the land from The Police
Justice Of the city OF Richmond to the
Suprcme Court OF the United States,
deemed it my duty TO adopt that course OF
official conduct consistent with the Judicial
decisions referred.
! NAV be Dardoned for reminding your
honorable body that even ii the act Of
January 2Gth gives remedy cumulative to
that Of January 18th, yet the learned attor-
news who have instituted the many suits
against the State, through her treaSurerS,
| for the receipts OF coupons in pfyment OF
public taxes, have In their wisdom elected
to proceed under the first act rather than
the second (Which was their right, and |
have not esteemed il any part OF my official
duty rs Auditor of Public Accounts 10
! dictate to them the form OF proceedings to
be taken, or the act of the General Assem-
| blv under which their remedies should be
conducted. always being content to obey
the mandate OF the courts, by whatsoever
! form or proceedings the judgment was OBJ
/ tanned.
CHRISTMAS RECESS.
Mr.. Mccormick introduced a Joint reso-
! luton proposing to adjourn from FRIDAY
| DIST to January I'd for the holidays.
Amended by striking out Friday and IN
serting Thursday and adopted.
REPORTED FROM COMMITTEE.
Senate bill 10 amend the charterO OF the Salt
willie and Coal-Mine Railroad Company, and
! fo change the name to the Norfolk and Gin
cinnati Railroad Company, approved Janu-
arv IA. 1882. and to enlarge the powers OF
said Norfolk and Cincinnati Railroad Conn
pany.
Goes on calendar.
INTRODUCED AND REFERRED.
By Mr.. Newberry: Bill to incorporate
tbe Plumer Memorial Female College OF
| Wythevllle, Va.
Nv Mir. Meredith: Bill to amend the law
in relation TO unlawful entry and detainer.
Ry same Bill to define the effect OF an
swer in chancery.
Bv Mr.. Trout: Bill to regulate the prac-
tice of medicine and surgery.
VACANCIES IN THE SENATE.
The Committee on Privileges and Elee-
tions having considered the Governor ;
message, together with their first report,
reported that in contemplation OF law the
vacancies in the Twenty-fifth, Twenty
seventh, Thirty-first, and Ihirty-tlird
districts occurred at the time OF the accept
once by the respective incumbents OF the
Federal offices and State office to which
they had been respectively appointed ana
AT the time their designations were trans
mtted TO and received by the Governor
their offices as senators had previously
been forfeited and vacated by their accept
ance of the said Offices, and they had no
right TO resign and no office to resign; :;
when the incumbent forfeits IN office he
aaa,ot afterwards resign il. As stated in