Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1884-04-26
IMPORTANT DECISIONS


A. A. Smith, citizen of Virginia. tender
ed to the Treasurer of Richmond city cou
pons for his taxes. The Treasurer refused
to receive them and levied on Smiths prop
erty. Smith sued the Treasurer for tres.
pass in the Circuit Court of Richmond city
and removed the case for trial into the Cir.
cult Court of the United States. The Treas
urer pleaded as his defence that an act of
the Virginia Legislature forbade him to re.
ceive the coupons, and that another act
commanded him to levy notwithstanding
the tender. Smith demurred TO that plea,
and Judge Bond yesterday made the fol-
lowing order:
"The court is of the opinion that the de-
PENDANT was trespasser in levying on and
selling the plaintiffs property after the
plaintiff had rendered to him the coupons
described in the plaintiffs replication in
payment of his taxes, and that the act Of the
General Assembly of the State Of Virginia.
approved January 2G, 1882, and the act of
the General Assembly of said State which
commands the defendant to levy on the
plaintiffs property after said tender of cou-
pons, both of which acts are referred TO by
UuS uSleEuduG III us lSlOluuSI, arc uDSOuStl-
tutional and void, so far as they command
the defendantto refuse said coupons, and so
far as they commanded the defendant TO
levy on and seize plaintiffs property after
said tender of coupons, and therefore con-
said trespass. 1t is therefore considered by
the Court that the plaintiffs demurrer TO the
defendants rejoinder be sustained. aud that
a iury inn,1ire nf ut,6 tia nuintif =
damages"
Judge Bond also rendered decision in
the F. II. Moore habeas corpus case.
Moore petitioned for writ of habeas cor.
pus on the ground that he was Illegally held
in custody. He sets forth that be, desiring
drummer's license offered TO the City
Treasurer S75 in coupons in payment OF
same that his offer was refused, and there
upon he proceeded to sell and was arrested
and confined in Jail that such confinement
was illegal, because, as maintained, the
license fee Isl tax, therefore his tender OF
coupons was legal tender.
Judge Bond, in delivering his opinion,
said
1t appears from the petition filed in this
case that P. T. Moore, the petitioner, APP
piled for a license to sell goods by sample
in Virginia. The law of Virginia required
all persons acting as sample brokers to take
out license therefor and to pay specific
sum for the privilege into the treasury of
the State in gold and silver or in the cur
rency of the United States. Another statute
of Virginia made the coupons of certain
bonds of the State receivable for all taxes,
claims and demands due the State.
The petitioner rendered such coupons in
lieu of gold, silver, or United States cur
rency bills, and he was refused q license.
Thereupon he proceeded to sell good with
out license. He was arrested thereupon
by proper warrant, under statute Of
Virginia forbidding the sale of goods by
sample without license, and was committed
to jail upon proper mttimus, and now
asks to be released from his confinement
there by this proceeding He alleges that
be is illegally confined because of his tender
of the coupons, upon which tender it was
the duty Of the State officers to grant hm a
license.
1t is not necessary to determine whether
or not the charge made by the State for a
license was a tax or a demand which was
payable by the petitioner i'll the coupons
above referred to. For upon the refusal OF
the State officers to receive them it gave the
petitioner no right 10 proceed TO violate the
law Of the State torhidding the sale of goods
by sample without license. Because the
State officers violated one law the petitioner
was not given the right to violate another.
The warrant upon which be was arrested
and the mittimus under which he is held ia
custody are in due form of law.
1t was the duty of the petitioner when re-
fused a license illegally to bring an action
tIn Ill, raf, r
Guilty Of obtaining license or illegal action
on the part of the officers Of the State justi-
fed the petitioner in violating the criminal
law of the State. AS the proceeding on the
| part Of the law officers of the State in caus-
| ing the arrest and commitment Of the petit
toner was in due form of law, the petition
for habeas corpus will be dismissed and the
party remanded to the custody of the res.
nnndent