The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-06-11
A MISUNDERSTANDING.
POURING INTO THE TREASURY.
About $4,000 In Coupons Paid into the
state Treasury for Licenses for Liquor
Dealers and Others.

statc lreasufy Tor Licenses Tor Ii quor-
Dealers and Others.
In the City Circuit Court yesterday Mr..
Wyndham X. Meredith. Assistant Com
monwealth's Attorney in coupon cases,
made motion TO set aside judgments OBJ
tanned against the Commonwealth In more
than eigbty-five coupon suits, brought
under Coupon-Killer No. 2.
In arguing the motion Mr.. Meredith
made the following statement: Some thirty
old suits that ante-dated recent legislation
on the subject had been compromised by
consent Of the Auditor Of Public Accounts
and Attorney-Generai. Coupon-Killer No.
2, as amended at the last session OF the
Legislature, made 1t the imperative duty OF
the attorneys for the Commonwealth to ap-
pear in all proceedings In any courts OF the
Commonwealth, under the coupon-killer
act OF January 20, 1882. to defend the same
aud TO take an appeal il the case or cases
should be decided against the Common
wealth.
Duty OF THE ATToRNEY-GENERAL.
Mr.. Meredith further stated that the
law provided that any Commonwealth
attorney failing TO carry out the provisions
OF this act should be deemed guilty OF mis-
demeanor; that Coupon-Kiler No. had
been further amended at the last session OF
the General Assembly so as TO require
that summons should be issued against
the collecting officer, and that the said
suits should regularly.mature as other ac-
tions at law; that a copy OF the amend
ments to the act had been sent TO Mr.. Witt
some six weeks ago by the Attorney-G Gene
raj, who said IN his letter that he fMr.
Blairl was required 10 see that attorneys
for the Commonwealth did their duty in
defending suits that Mr.. Witt had hand
ed it to him [Mr. Meredith, as it had been
agreed that he should manage all coupon
litigation brought since his Mr.. Mere
dith'sl appointment by the Board Of Pub
lie Works.
AsToNIsHED.
Although such letter had been sent them
by the Attorney-General, Mr.. Meredith
was utterly astonished to find that over
eighty-fve suits had been run through the
Circuit Court and judgments often OBJ
tanned on the same day or the next day by
Colonel Maury by consent Of the Attorney
General; that some Of these judgments had
not been paid, and an others the State had
paid out over $4,000.
Upon examining the record he found in
addition that no summons had ever been
issued against the collecting officer Mr..
TinSleyl in these cases; that the collecting
officer knew nothing about them, and that
the judgments obtained in all OF these suits
were for licenses, although the Legislature
had spent six weeks in passing laws pro
hibiting the payment0f licenses IN coupons,
and strange to say, the fact that such suits
were for licenses nowhere appeared in the
record.
HIS MOTION.
Mr.. Meredith moved the Court to set
aside the judgments in all these cases and
TO grant an order of restitution on such Of
them as money had been paid on.
The ground for his motion was that the
Attorney-Gener had no authority TO con-
sent to judgment being given in these
cases. especially as they had been brought
for licenses.
THE ATT0RNEY-GENERAL.
Mr.. Blair replied that the Code made It
his duty to appear in this court to defend
all State cases. He said that he had an
agreement with Colonel Maury-made at
ter communicating with the Auditor and
mention OF the matter to the Governor
TO compromise certain old suits that had
been pending in the court, and he sup
posed that the right to compromise SINH
lary extended also to new cases; not to
license cases, however. He did not claim
that. He never dreamed that judgments
were being entered up on license cases;
that in the pending cases he had an agree
ment with Mr.. Witt that he mir. Blairl
should represent the Commonwealth in
the City Circuit Court while he Mr.. Witt
would attend to cases in the Hastings
Court.
Mr.. Blair Joined in so much OF the motion
as referred to setting aside judgments in
those cases where the judgments ha0 not
been paid. He further explained that he
had consented to these judgments in view
of the fact that Colonel Maury, the counsel
for plaintiffs. had agreed with the Auditor
in consideration hereof that he Colonel
Maury) would fund securities Of the State
into new SIS to make it perfectly safe
business proposition for the State.
NOT RECOGNIZED.
Mr.. Meredith, in reply, declined to re-
cOgniZc the Attorney-GeneraPs right to
make any motion in these cases the ground
OF his motion to set aside the ] dgments
was the unwarranted and Illegal appear
ance Of the AttOrney-G General here in these
suits. He said that he was auto orized by
Mr.. Witt to absolutely deny any agreement
on his part, except as to cases pending
prior to the amendment OF Coupon'killer
No. 2. He was further authorized to say
by the Auditor, who was then present in
court, that he had never consented to any
arrangement Us to new cases. His consent
was as to the old cases, not as to the eighty
five new cases-ticenSe cases. AS the State
had been deprived OF over $4,000 OF her
revenue by methods which, TO use the
miIdest language, were illegal and impro-
per, he claimed the right not only to have
these judgments set aside, but as they had
been obtained at this term OF the court. he
asked also for an order OF restitution
where the money had been paid.
COLONEL MAURY.
Colonel Maury said that he had no OBJ
lection to setting aside the present iudg-
ments, as there had been 4 misunderstand-
ing about the agreement. He would hold
no man TO an agreement made under mis-
understanding, but as to an order OF resti-
tuition, why that could not be entered
without Injustice to him as he had per-
formed his part OF the contract and surren-
dered his bonds, had gotten new 3's, ana
sold them to the State at the lowest price
she had ever bought any, and his coupons
rendered for these taxes had been received
and cancelled.
So he could not be restored to his origi-
nal rights. He claimed that the agree
ment he had made with the Attorney
General anu Auditor was so near an even
trade that the breaking OF 1t of would In
nowise disturb him. He made no oblec-
tion. He had given the State about s35,-
600 Of her 6-per-cent. Indebtedness in con-
sideration OF her receiving these coupons.
rrnrp wcI1 pnpn