Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-08-13
TIE RIDDLEBERGER ELL.
IN Interpretation OF il BIZ judge, EIaGhe'
and Bend Involving Millions.


Judge Hughes yesterday filed his opinion
,concmIed in by Judge Bond) in the case
Of John j. Faure Is. The Board OF Com.
mis.ioncrs Of the Sinking Fund-a petition
Tor m1adGmus.
The petitioner, John =. FSure, citi-
zen Of New York, on the 23th day OF April,
1851. presented for funding four eonsol
Londs Tor 800 each. with the coupons st.
tacbcd. which mltured on the lst OF July,
1884. and aficr. lie also presented one
IN ndred and fifty past-due coupons. each
10. $50, detached from cOnsol bonds when
had ma,ured in January and July, 1888,
and in January, 1854. The commissioners
rdu.od to fund these evidences VI debt -
desired. Iauro then presented his petition
fora writ OF rGhddmus 10 the Circuit Court
Of tie citv Of Richmond praying that HIan-
Gsic may issue 10 The members Of the Board
of Sinking-FuEd Commissioners commgnd-
ing them 10 fund these evidences Of debt
doliar for dollar as TO the pa,t-due coupons,
and 1t the rate Of So per 100 ~ to the four
louds and toe interest on them from Janu-
my l. lSs4. to April %. 1884"
The Judge SAYS there is no DOUBT as 10
tie jurisdiction Of bis Circuit court. He
refused 10 remand the case, as moved by
defendants. and said:
The only question TO be determined is
whether tie cousol coupons which have
fallen due since July l, 1852, are to be
iunfcd. dollar for dollar, "a the coupons
are which fell due before that date.
They certainly slogld be- funded on the
same terms. il he paragraph oi the Rid
dlebeTger act which has been quoted so
declares in unambigucus language.
[Thal paragraph is as follows: "For her
equitable share Of Class a at The rate OK 50
PER Ceutum-that is to Say. Sj3 Of the
bonds authorized ty This act ,p.incipIl and
accrued interest, at par. from the preceding
period Cf maturity 20 the date Cf eXchlngel
are De eiycn for every 500. face, prlnclpli
and accrued interest from the preceding
somi.aEnusl period OF maturity 70 the date
oi exchange ot such evidences OF debt. and
for any interest which may be pas. due and
UEpsiG uyOn the same. funded bonds is-
sued under this act may be giyca dollar for
doliar"]
In u-clf the language is not ambiguous.
II assumes that funding may be done at
any time in the future. In no section OF
clause does tie act set limit 20 the time
within which the holder Of bonds and cOu'
POPS q interest must find them. The Lc-
funding would al be promptly done
shortly after the Isl Of July, 1882. It's re-
quircment that the new bond. should be ali
dated on that day did not even imply that
the funding should all be done shortly
afterwards, for II is the general custom for
governments TO provide that bonds OF any
certain class or description shall all bear
the same date. As the act did not Imply.
so it did not expressly provide, that the
funding should be done about that time.
The act placed no limit in any section OF
it TO this time. IL plainly contemplated
that funding might be done at any future
time, and no one pretends that il may not
continue Indefinitely until IL Is put an end
TO by some future legislation. In speaking
OF the funding expected to be done in the
future. its language giving directions as to
the manner in which il should be done had
necessary reference in each case OF fund
ing TO the day OK that particular transaction.
II the Legislature had intended 10 discrimi-
nate between coupons past due before the
1st OF July, 1882. aud those maturing
afterwards, nothing could be more certain
than that Il would have done 50 IN express
words. II could and would have added
TO the paragraph providing for the funding
OF taX-receiya5le coupons the words
but such bonds shall not be given ior
coupons maturing after the lst OF Juiy'
1882,
Interest which may be past dHc and un-
paid at the date Of the exchange oi suca
evidences OF debt il the phraseology OF
section OF an act which became law on
the 1ith OF February, 1882 and which pro.
yided for the funding OF 5i,jOO,0O0 OF
bonds and interest. The act could not
Lave contemplated that this vast ceot
could be funded shortly after the Isl OF tue
approaching July; or that. on Tie deU NOT
funded Until various times Afterwards
there would be no pa.tdue aud unpaid III.
terest; or that this interest when ohereu
for funding at various dates in the future
should not be funded "dollar for dollar,
rs provided by its own language.
The Acknowledgement goes out OF the
paragraph under consideration Into other
clauses OF the act, aud endeavors to gatner
frcm the act at large expressions Which
conflict with the plain aud unanlDiSuous
tenor Of the paragraph itself. He has been
unsuccessful In this effort, and ne mas been
unable 10 show such contradiction ex-
cept BY imputing meaning to these other
phrases Of the act which does not necessa-
rily attach TO them, aud which Is not ex-
pressed.
This method Of producing an amblgultys
not legitimate. and is forbidden oy the
most approved eanons OF statutory inter,
probation. We cannot set aside the hterii
logical meaning OF the unamDiguous IAN
guagc employed in one provision OF
statute In order TO engrait upon 1t mean