Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-13
raIDAy........Y FEBRUARY IS, 1885
A New Form Of government.

Circuit Court OF the United otates
higgins new era in the history Of the
Republic Of the United States. That
decision was. in effect. that Judges
Bonn and HUeHEs know better than
Tie legislative, executive, and judicial
DEPARTMENTS Of the State government
Of Virginia how that government ought
- be conducted and supported, and
wiii hereafter see to II that no State
Official shall refuse to receive
coupons in payment Of taxes, not
withstanding that all three Of those
depsrtments have declared that this is
. matter over which sovereign State
has control, or ought to have control,
and notwithstanding that the Legisla-
ture has forbidden the collecting officers
to receive them.
A Mamdamus commands person to
do certain act. An injunction en-
joins person from doing certain act.
The decree or order Of Judges BOND
and HUGHES combines in itself both
the mandamss and the injunction. 1t
Is . negative nsaHdamns and an afiirma-
tive Injunction. It commands NOR
TON MARYE and others---to do
certain act, or perform certain duty |?
Oh, no. II commands them not TO re.
fuse 10 do certain act. 1t enjoins
them from----what? From doing a
certain sct9 By no means. 1t enjoins
them from refusing to do certain act.
But that is not all. The Court has
by injunction commanded the State off,
Gals to accept coupons not only from
the plaintiffs in the suit, but from
"sny taxpayer
The Norfolk Tirginian says the fol-
lowing is the order Of the Court
.sAn injunction order is hereby award
cd the complainant to enjoin and restrain
the defendant, Morton Marye, Auditor
Of the State Of Virginia; Samuel G.
Greenhow, Treasurer Of the city of Rich
mcnd and r. Il. Munford, Commits
sioner Of the Revenue for the said city.
their assistants, clerks, and agents, and
each and every one Of them, from re-
fnsing to receive and accept, with
out delay or demur, any Of the cou-
pons in the bill and exhibit men
toned in full and complete payment,
satisfaction. and discharge pro tanto of
any tax, license-tax, or assessment or
other dues due the Commonwealth of
Virginia by any taxpayer of or to the
said State, or by her prescribed to be
paid or deposited by him who may ten
der the same in payment, discharge, or
satisfaction thereof, or Of the deposit
required to be made with the said Au-
ditor. or the said Treasurer of the
amount Of the assessment prescribed by
law as condition precedent to the is
suing Of any license, all in the same
manner and to have precisely the same
force and effect as if such payments or
deposits were made in coin or currency.
ssAnd from refusing to execute and
deliver forthwith to such taxpayer,
without delay or dcmur, and immedi-
ately upon his making such tender Of
the amount due by him, whether wholly
In such coupons named in Exhibit A or
partly therein and the residue in money,
his tax-bilI duly receipted, or to an ap-
plicant Tor license rendering in like
manner, the amount Of the assessment
thereon. certificate that the amount
thereof has been deposited with him by
TIE said applicant, the said receipt and
certificate TO be executed and given and
rsoeircd in precisely the same manner
and 10 have precisely the same force
and effect rs il said payments or de-
posts had been made in coin or cur
rcpcy.
"And from refusing Immediately
upon the presentation and receipt OF
such receipt or certificate by and from
any applicant for such license to grant
and issue to him the license applied for
b precisely the same manner and 10
havo precisely the Same force and effect
6 e said payment or deposit had been
nade Ia coin or currency, and said re-
oeipt and certificate had SO stated.
" And nom acting, doing, or proceed
~, o. refusing TO act, do, or proceed
= the premises, or any manner whstso-
eves different from their usual course Of
scfings, doings, and proceedings in cases
wkea such payments or deposits are
0ade h coin or currency, and the re-
oeipis therefor and the certificate there
II ~ STATE"
Judges BOND and HUGHES will thus
n effect issue licenses to merchants,
reesrrbe the kind Of currency in which
~ liosnsss shall be paid for, and as
sssns he functions Of Auditor, Tax
Celsetpb Commissioner Of the Reve-
nue., and what not.
This strikes us a. rank Judicial usur.
patton. II - an unspeakable wrong
dene 70 The Commonwealth Of Virginia,
Vk<rs y the old Stste to look for re-
dsesss 10 Congress. Of course. The
teo heusss ought Immediately to pass 1
ti1l 1bYbiddins such proceedings In the