Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-15
violation Of their oaths and bonds q

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sisting thereon, the defendants demur to
said petition because they say it is in
sufficient in law. Because the said pro-
ceeding is by mere petition for re-
straining. and not by bill in equity for
a restraining order or injunction, ac-
cord.ng to the forms and modes Of pro-
cedure, as required by section 9l3 of
United States Statutes at large, chapter
Is, found in Bump on Federal proce-
dure, G25;
Because the said petition is multifa-
rious and obnoxiou to the objection Of
misjoinder; because it asks relief in be-
half Of the petitioner. George Parsons,
as well as other taxpayers, with whom
he makes arrangements for the transfer
of hiscoupons
Because the trcasurers OF the cities
above named-of Richmond, Norfolk,
and Lynchburg-with the commission
ers Of the revenue, are joined with the
Auditor Of the State as parties defend
ant, although they represent separate
and distinct territories and jurisdic-
tions, separate and distinct taxpayers,
and each treasurer is in no wise con-
nected with the business affairs Of the
others, making out a clear case. both
of misjoinder and multifariousness;
Because the petition on its face seeks
TO make out case for the specific per-
Torrance Of contract with the Com
monwealth which is unwarranted by
law;
Because, although by the rules Of
equity the province Of an injunction is
to prevent or restrain threatened
wrong, yet in this case. it is sought to
be substituted for a nandamus to COM
pei the officers of the State TO receive
said coupons, and the defendants, with
out waving their said demurrer, but
insisting thereon for answer to said
petition, say that the said cou-
pons were not verified to be gen.
uine by a verdict of a jury, and the
Judgment Of the court as required
by either the act Of l4th January, 1889.
or that of Goth of June. 1882, found in
Acts of lSSl-'S2, the first Of which
acts was declared to be constitutional,
and to furnish complete remedy to the
taxpayers, by the Supreme Court of
the United States in Antoni as. Green
how-l07 U. s. r., 769; and the later
act of the Goth January. 1882, was in
effect declared to be constitutional and
to afford a sufficient remedy by the SUI
prcme Court in the case of Tennessee
rs. Snead-96 [. $. r.. 7l-where a
similar bill from Tennessee was cOnsid-
cred along with one from which the act
Of the l4th Of January was patterned.
Further answering, respondents say
that the said suit is an invasion Of the
sovereign rights Of the State Of Virginia,
and will be a usurpation on the part Of
the Federal Court if entertained.
That the said petition or bill is a
legal nondescript, unauthorized by any
known rules OF pleading or practice,
and, as before stated, seeks to compel
the executive officers and ministerial
officers of the State to violate the plain
law Of the State, although they have
taken an oath Of Office and executed a
bond with sureties that they would
obey. and enforce its constitutional laws.
Respondents know nothing of the
matter of fact contained in the said pc
tition. and they do not admit any of
them, but call on the petitioner for strict
proof thereof.
Respondents would further show that
the said bill is legal fraud on the juris-.
diction of the Federal Court. because
the petition on its face shows that as if
by purpose the amount sued for is
s4,99S, which is two dollars less than
the minimum jurisdictional sum re-
quired to be heard by the Supreme
Court of the United States, thus pre-
venting a review of the decision of this
court by any appellate tribunal.
And now having fully answered. the
prayer of the respondents is that the
Sdlu pcllilOu Dt ulSHlnStu dill tuC IT,
straining order be dissolved with costs.
lSignedl
Morton MARYE.
Auditor Of Virginia {;
SAMUEL C. GREENHow.
Treasurer Of the city of Richmond:
\. l.. HILL,
Treasurer of the city of Norfolk
V. G. DUNNINGTON,
Treasurer ofthe city of Iynchburg:
X. B. MUNFORD,
Commissioner Of Revenue city of Rich
mond;
CHARLES W. PRICE,
Commissioner of Revenue city of Lynch
burg;
CHARLES Il. LANGLEY,
Commissioner Of Revenue city of Nor
folk.
by +. s. Blair, Attorney-General of
VIRGINIA