Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-03-21
rIRcINrA coupoN CASES.
Auswsus or wmnas 4. Resail asd Asssr-
~e,.esssrpI sissr-cases Go Over Unsi'

ss,.esser.I sissv-Cases GO Over Un'i'
Mesday.
lBy telegraph 10 the Dispatch.l
WASHINGTON. March 20.--Five Of
.Le coupon-tax cases from Virginia
viz. poindcxtcr against Greenhow,
White against Grecnhow, Carter against
Grecnhow, Moore against Greenhow,
and Chaffin against Tsylor-came up
COZ argument in the United States SUI
prc,pe Court this afternoon. They all
present the question Of the effect OF the
tender for taxes Of coupons Of the State
Of Virginia Of March, 1871, and the
right Of the Virginia taxpayer to bring
a suit for damages against the tax
collector for leyying on his property
sftcr a tender Of such tax-receivabie
coupons. In the first three cases the
State collector of taxes pleads IN lusii-
iication Of his levy the act Of the Gene
raj Assembly Of January 26, 1882, and
the eighteenth section OF the act oil
April |. 1882; and in the fifth case lac
pleads, in addition, the third section OF
The act Of March IL, 1884. None of
the cases are suits to compel directly
the receipt Of coupons by the tax-col-
lcctor. They are all suits to recover
damages for levy upon property after
tender Of coupons. William l..
Royal, who opened the argument to-
DAY for the bondholders, stated the
point at issue as follows: while
the State of Virginia admits that
she cannot repudiate her coupons
outright, she claims that she may
temporarily suspend their tax-pay-
ing power whilst she makes inquiry and
satisfies herself that the coupons offered
are really her coupons, and not simu-
lated coupons and that pending such
period of suspension she may compel
the taxpayer topay his tax in money, to
be returned to him when she is satisfied
that the coupons offered are really hers.
The creditor denies this. He insists
that her contract is not contract that
she will receive coupon ten days after
it is offered, or any other number OF
days after it is offered but that she
will receive it Whea IL rs offered. y
Mr.. Royal opened the cases for the
bondholders and spoke for one hour.
The courtroom was crowded, and every
Judge gave him the closest attention.
The essential point Of his argument was
that by virtue Of the States contractto
receive the coupons for taxes, they are
legal tender for taxes, and tender Of
what is, in point Of fact, the States
coupon extinguishcs her lien for the tax
and leaves her no right except the right
10 demand that coupon. He dwelt at
considerable length upon the previous
decision Of the court in Antoni as.
Grecnhow 10 show that there was no
thing in that decision in conflict with
his present proposition, but, on the con-
trary, that it directly sustained it.
7. s. Blair, Attorney-Gcneral of
Virginia, who followed for the State,
maintained: First, that declarations
and bills in all cases were insufficient
IA law; second, that the courts below
had no possible jurisdiction Of any of
them third, that il is a fundamental
principle in all sovereignties that
State cannot be sued at all
unless she consents to be sued, and
that the State of Virginia had not con-
scented to be sued in any Of the modes
adopted in these cases, or IN any of the
courts in which they were brought
fourth, that the subject matter of all the
suits is the collection Of the public reve-
nue. of Virginia and the receipt Of her
coupons therefor, and for this additional
reason the courts below should not have
entertained them; nth. that the writS
of error and appeals in each Of
these cases should be dismissed,
a. the amount in controversy in
each is loss than $1,000, the iurisdic-
tional sum necessary for this court;
sixth, that the parties, plaintiff and de-
lcndant, are an residents of the same
State. and no such constitutional Ques-
tons arise in any Of the cases as will
Justify the interpoSition Of this court.
Governor Chamberlain will speak
Monday morning for the bondholders,
to bc followed by Mr. Merrick for the
state, who will be followed by General
Swayne for the bondholders Attorney
General Garland will follow General
Swayne ard Mr.. Evarts will close for
the bondhOlderS. There is no court to-
uiorrow Saturday.