Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-07-11
Judge Bond.

Judge BOND.
The VALLEY yirginian, a Republican
journal, speaking of Judge BOND
says:
"His DEGREES proceeded upon the
principle that where the pleadings IN
case showed that the genuineness OF
the coupons was not denied, and was
taken for confessed, then a tender OF
such coupons was, under the late rui'ng
Of the Supreme Court in the case OF
Po,pdexter re-. GreenhOr, payment oil
the tax. This is about all that Judge
Bond has done.
The law OF Virginia requires the gen.
u;neness of all coupons to be proved,
and Judge BOND is guilty Of judicial
usurpation when he assumes that it is
necessary for the Commonwealth to
depy their genuineness in court. 1t is
his duty to give full force and effect to
the statute, which itself by its very
terms denies the genuineness Of all
coupons rendered for taxes and requires
them to be verified.
We regret that Judge BOND is not
entitled to even the poor plea set up for
him by the Valley Virg'nian. In Dan
vile a day or two ago he rendered
decision which proves that he has made
up his mind to go the length of his
tetber in behalf Of the bondholders.
The Register states the case as follows
"The style Of the case was j. V.
Brooks. trustee Of w. l.. Owen, rs. A.
r. Greene. treasurer Of Halifax county,
and the State Bank. DIR. Brooks owed
the treasurer some $4,000 in taxes.
lie paid q, 900 in cash, and claims that
he rendered coupons for the balance,
amounting TO 1920. The treasurer
claims that Dir. Brooks made no legal
tender Of the coupons; that under the
law he should have paid the money
under protest, and then before jury
proved the coupons to be genuine. DR..
Rooks declined to pay the money for
the balance due, and the treasurer garni-
sheed the State Bank, where DR.. Brooks
had funds, for the balance Of the tax.
The matter went before the County
Court Of Halifax. which, while the case
was pending, refused at the request
o! counsel for DR.. Brooks to have the
case removed to the United States
Court, and then proceeded to give judg-
ment against DR.. Brooks. Counsel for
defendant held that the case was re-
moved to the United States Court, and
appeared in court yesterday in support
Of h motion to quash the proceedings in
garnishment. The defense was repre-
scented by Judge ID. ii. Chamberlain,
Of New York, and Messrs. Sands Il
Bry an. Of Richmond.
Attorney-General Blair, represent
ing the State. and Mr.. n. 4. Greene,
representing Treasurer Greene, made a
motion to remand the case to the
County Court. Both motions were
heard together, AMI Judge Bond took
the papers, saying he would render his
decision later.
AT late hour last night it was
learned that Judge Bond had rendered
his decision in favor Of the defendants,
sustaining the motion to quash the
punishment"
II will be seen that in that case the
Commonwealth did plead that the lar
required the coupons to be proved to be
genuine, and that in contempt Of that
law Judge BOND rendered decision
quashing the punishment.
1t is true that il is not stated in the
above paragraph in SO many words thai
the plea was made that the coupons
were not genuine. But we take it fol-
granted that the Attorney-General anC
Mr.. GREENE did not allow the Com
monwealth to lose case upon such {
technicality as that.
Judge BOND is riding high horse
He lords il over the Commonwealth o
Virginia as If there were no eleventh
amendment to the Constitution Of tn
United States. He orders the State u
receive coupons for taxes, gives re
-ceipts through his clerk for the pay
ment Of those taxes to whomsoeve
will deposit coupons in his court, pile
up coupons for the State Treasury, en-
joins the State not to force her citizen
to pay their taxes according to law, an
splits upon and treats with contumel
the Federal Constitution which gu
\ charlottesville trainers Of that in
strument and the founders Of the repub
lic-amended so as to read
1.-The judicial power Of the Unite,
States shall not be construed L
extend to any suit in law or equity
commenced or prosecuted against on
Of the United States by citizens Of an
Other State or by citizens or subjects Q
{, any foreign State"