The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-06-19
VOL. LXv.
AN EXPLANATION.
THE RECENT COUPON CASES.
Letter from Acknowledgement Blair, Making
Statement with Reference TO the Eighty
five Coupon Cases.

dered in the City Cir; nit Court, by consent
OF the Attorney-General, against the Com
monwealth in the cases OF eighty-fve per-
sons, nearly all liquor-dealers, who ten
dered coupons for licenses. About $4,000
was thus drawn out OF the Treasury, and
some $4,000 more might have been but
that Mr.. Wyndham II. Meredith, assistant
Commonwealth attorney in coupon cases,
moved the court to aunul the judgments
not paid and TO make an order for restitu-
ton OF the money already paid. Colonel
Maury, who brought the suits, and the At
torney-General consented to the annuI-
ment OF the unexecuted judgments, and
that much the court ordered. In the fol-
lowing letter written from Staunton by the
Attorney General, Mr.. Blair makes an ex-
planation OF his part In these suits;
THE LETTER.
1t has been boldly published that in q
large number of coupon cases in the Cir
cult Court Of Richmond city confessed
judgments against the Commonwealth;
that i had no authority to do so in that
court, and that / was entitled TO no fees
from the Commonwealth for services rem
dered therein. Now, a plain statement OF
facts will show how utterly unjust such
charges are.
First. As TO my authority TO appear in
that court, 1t ought not to be the subject OF
serious dispute; for, from chapter 161, Sec
ton 2, page 1,074. Of the Code of 1873
(Which has never been repealed), it will be
found that the Attorney. General shall ap.
pear in all cases in ,ohich the Common
toe0lM is interested depending in the Cir
cult Court of the city Of Richmond. In
deed, by chapter "a OF the Code, all suits
in which the Commonwealth is interested
must, of necessity. be brought in that
court. And again, by chapter lG1, section
,. OF the Code (of the State courts), the
Attorney General is required to represent
the Commonwealth only in the Supreme
Court OF the State and the Circuit Court
Of the city OF Richmond.
Second. The complaint that I confessed
the judgments referred to is n misstate-
ment OF facts, as the following will show
Colonel Richard l.. Maury. prominent
and highly respectable LAWYER OF Rich
mOnd. had number OF coupon cases in
the Circuit Court OF that city; had ap-
peared i'm them, and, by demurrer and
other objections, defended the same; the
Court had sustained my demurrer in some
of the cases, and an appeal bad been taken
by the coupon-holder in one test-caSe to the
Court OF Appeals. While this case was
pending in the latter court, and while the
other cases were awaiting its result, Col
onel Maury and the Auditor OF Public Ac-
made an arrangement as TO these
cases to the effect that judgment should 90
against the Commonwealth in all OF them
(about thirty-five, perhaps, in number),
upon the condition that for every dollar
for which judgment was taken against the
State the plaintiffs would fund like
amount OF per cent. bonds OF the State
into per cent. Riddleberger bonds. This
was submitted to me, and,
as | considered it highly advantageous
to the State, | concurred in the propri-
ETY. of the settlement. | did this the more
readily, first, because the appeal would
have delayed the decision OF the cases
for considerable time; and again, be-
cause the United States Circuit Court
Judge Hughes presidiDg) had decided Il
short time before that even license-taXes
could be paid in coupons. l went, in COM
pany with Colonel Maury, to the Circuit
Courtroom. | arose and explained fully
to his Honor, Judge Wexford. the pre-
siding Judge, the proposed settlement OF
the cases, and his Honor promptly replied
that he thought II was proper disposition
of the cases; that it was advantageous to
the State, would. stimulate funding, and
that such disposition should be pursued in
all similar coupon cases. Under these
judgments were rendered
against the Commonwealth. In a short
time thereafter Colonel MauTy wished to
enlarge the consent order so as to embrace
other coupon cases Of the same character
as the first lot named, and upon exactly
the same conditions. He had paper con-
tanning list OF these additional cases, and
| endorsed it along with Colonel Maury,
that judgments should be entered therein
lust as the first bad been under the
agreement named. l notified the Au-
ditor by letter that | was still car
rying out the original agreement, and
il was not until about the 10th or
llth, instant that | learned from the Au-
ditor that there was misunderstanding.
and that he did not wish any further
judgments taken under the agreement
named. Thereupon Colonel Maury and /,
ON account OF the supposed misunder-
proceeded to the Circuit Court
room and, by mutual consent, the iudg-
ments were set aside that bad not been
paid. In my opinion the arrangement
was highly advantageous to the State,
and | think should have been followed
Dut in all such cases, for Colonel Maury
acted in the utmost good faith In
with the conditions on his
part. The advantages OF the arrange
nent will be seen from the following
Colonel Mpury surrendered, say, $4,000
If bonds bearing per cent. interest, and
received in exchange therefor, say, $4,000 !
If bonds bearing only per cent. interest,
hus releasing the State from, say, $4,000
II her per cent. bonds; he then sold his !
320, 900 OF per cent. bonds to the Com |
nissioners OF the Sinking Fund at the |
owest, | believe, at which they had ever !
,een sold for-say $4,000 in round num-
,ers; so that for the $4,000, by the arrange
nent named, the State was enabled TO. ana
ctualy did, retire and cancel about S35,OO0 !
4 six per cent. bonds. III this mode OF
akIng care OF the public interests, under
II the circumstances, does not commend
tself TO all iair-minded men, L confess L am
[ q loss to know what is prudent admin
,tration Of public affairs.
The foregoing are the facts in regard TO
he so-called confessions OF judgments inn
uted TO me.
Third. But it Is said that the Attorney
ieneral had no right to fees in said cases.
will answer this by the plain law OF the
md. II is well known that not one cent
I money ever passes through the office OF
be Acknowledgement. His account for
res In cases in which he appears Tor the
tate is certified by the clerk OF the court
there his services are rendered 10 the
.uditor OF Public Accounts. and by him
hey are audited and allowed. and are or
cred by him to be paid by the state Irea-
urer, by a warrant on the latter. Such
as been done in eyery account OF fees ever