Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-22
The states and the Courts.

Inc STATES huu INC SoutSS'
II is a singular commentary which
Judge HuaHrs makes upon his own
decision when he goco on to tell how
badly the STATE Of y'rginia has treated
her creditors. losing sight Of the fact
that he would have had no jurisdiction
| in the Gaze at all il the suit had been
attempted 10 be brought against the
State. let us repeat once more what
the Federal Constitution says on this
subject. We quote:
"Tho Judicial power Of the United
States shall not be construed to extend
to any suit, in law or eqaity. conf
menccd or prosecuted against one of the
United States by citizens Of another
State, or by citizens or subjects OF any
foreign State"
The courts have eyaded that provi-
sion Of the Federal Constitution by re-
sorting TO a judicial fiction, as we OK
planned the other day, aud pretending
that such suits as that Of PARSONS are
not against the Commonwealth, but
against RICHARD RoE. But Judge
nUGHEs was 70 thoroughly possessed
| with the idea that the Commonwealth
| was the real defendant in the PARSONS
suit that be wrote his opinion, or part
| of il Mt least, as if he had been giving
his opinion in case to which she was
an admitted party.
However, that is not what VIC sc, out
TO say.
II is gratifying to know that il has
been arranged that the Supreme Court
of the United States shall hear very
soon a case involving all the law-points
Of the PARSONS case. The decision OF
Judges BOND and IIUGHEs will have a
good rather than bad influence upon
that tribunal. The Justices cannot
but see that the line must be
drawn somewhere, and States be
freed from the annoyance and in-
Justice and wrong Of defending suits
which are nominally against persons
but really against the States them
selves. 1t is time that the judicial
fiction had been abolished which hood
winks the courts whenever they are
called upon to decide such cases as that
Of Parsons rs. the Commonwealth.
Think Of it. The Federal Constitu-
ton az above quoted forbidS suits
against the States. All the courts re-
spect that provision 80 far "a bonds,
negotiable notes, or other evidences of
debt, are concerned. If Mr.. PAR
SONS were to ask even Judge BoND
or Judge IlCGHEs for a mandatory in
junction forbidding the Auditor to ''re-
fuse to receive in payment of taxes
upon licenses the very bonds from
which he cut the coupons involved i'll
his now celebrated case, either Of those
Judges would laugh him to scorn. And
yet bond is just as much promise
to pay money as coupon. If JONES
sues SMITH for debt, and SMITH has
in any honest way come into possession
Of bond of JONEs's, the law of Vir-
GINA provides that the defendant may
at the trial prove and have allowed
against such debt any setOt' which
is so described in his plea as
TO give the plaintiff notice Of
its nature. Would Judge HUGHES
under that law allow Mr.. PARSONS to
prove his bonds, and compel the Audi
tor to receive them for taxes: Why
not: Because the law under which
they were issued does not bind the State
to receive them? Oh, that won't do.
if it is an impairment OF the obligation
of contract for State to pass law
forbidding her officers to receive for
taxes coupons which she had previously
promised TO receive, it is none the less
an impairment of contract for State
to pass law forbidding her officers to
receive bonds in payment Of taxes
or TO allow them as sctoiIs against
any claim that the State might have
against any person for taxes of any
sort, or any debt Of any other nature
due by the State.
Why, then, should the courts decide
that the Auditor may refuse to receive
bonds for taxes but shall not refuse to
receive coupons for taxes: Is cou-
pom evidence Of debt of greater dig
nifty than debt evidenced by bond?
No. All the facts 20 to show that
judicial fiction is at the bottom of all
the trouble. The courts can't DC con-
sistcnt under such condition of things.
Let us hope that the Supreme Court of
the United States will be made TO see
the difficulties into which that tribunal
has led the courts below, aud make
new departure.
The State OF Virginia has found it
aae,. n. r.,ud,a4.. hv lavisiat;va action