Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-15


Auditor of Public Accounts /;
FRANK G. RUFFIN,
Second Auditor.
Governor Cameron remarked before
leaving that he very much regret
ted that he was at this time under
engagements to 60 to New Orleans. but
he said that he would return at an
hours notice should his presence be re.
quired here. lie assured the members
of the Board that they need have no
hesitation in calling him back should
any further emergency arise.
AN ENABLING ACT WANTED.
The Board of Commissioners of the
Sinking Fund yesterday addressed a
letter to the Hon. John Randolph
Tucker, chairman of the Judiciary
Committee of the House of Representa-
tives, urging that he have law passed
at this session Of Congress authorizing
an appeal to the Supreme Court Of the
United States in all cases wherever the
rights or interest of any State shall be
called in question by any inferior court
of the United States.
1t is not doubted that some way will
be found to have this decision Of the
Circuit Court reviewed by the United
States Supreme Court. There are ways
to do it independent of an act as sug-
gested above, or of hdbedS corpus in
case of contempt.
The Board have telegraphed to Hon.
Waller X. Staples at Christiansburg,
and engaged his services in this litiga-
tiOn.
So, not only will the State have the
benefit of the services Of her Attorney
General, but of ex-Judge Staples, and
these gentlemen will be heartily backed
by Governor Cameron and the Board in
all their efforts to execute the laws of
Virginia; and if time comes when the
Legislature can be of service it will un-
doubtedly be called together.
Judge Staples will be here Wednes-
day.
The sbove-referred-to circular has
been sent out to all the treasurers, &C.,
i'll the State.
Assistant-Treasurer Tinsley was not
at his Office yesterday; he was unwell.
1t is the desire and request of the Board
that neither Mr.. Greenhow nor Mr..
Tinsley act in this matter until Judge
Staples arrives and is consulted.
A SIMILAR CASE.
In case similar to, but even more
far-reaching, than Edward Parsons's,
the Attorney General has returned the
following answer to petition
IN THE UNITED STATES CIRCUIT
CoURTFOR THE EASTERN DISTRICT
OF VIRGINIA.
To the Honorable Judge Thereof.
The plea, demurrer, and answer of
Morton Marye, Auditor of the State of
Virginia Samuel c. Greenhow, Trea-
surer of the city of Richmond; A. l..
Hill, Treasurer Of the city Of Norfolk
V. G.. Huntington, Treasurer of the
city Of Lynchburg; II. b. Munford,
Commissioner Of the Revenue for the
city of Richmond; Charles W. Price,
Commissioner of the Revenue for the
city of Lynchburg; and Charles ID.
Langley, Commissioner of the Revenue
for the city Of Norfolk, TO a petition
filed in your honorable court by George
Parsons, say that the said court has no
jurisdiction Of the amount in contro-
versy, because the difference be-
tween the coupons named in the
petition or bill and the securities
into which they are interchangeable by
law, under the act of the Legislature
of Virginia approved February IA, 1882,
commonly known as the Riddleberger
act. is less in value than $500, the mini
mum of jurisdiction in this court be-
cause the said supposed contract under
the funding act of lS70-'7l, under
which the said coupons were issued.
cannot be enforced, nor the relief
sought be awarded, in a suit to which
the State of Virginia is not party, but
which is brought against officers, who
are merely obeying the positive laws Of
the General Assembly, which is the
supreme political power of the State;
That at the time the coupons were
issued under the act Of lS70-'7l no
statutes or judicial decision had au-
thorized suit against the State Of Vir-
ginia in the courts Of the United
States by citizen Of another State
Because the money in the State
Treasury of Virginia is her own pro-
perty, held by her officers, not in trust
for her creditors, nor as their agents, but
as her servants; and that the Federal
courts cannot control such State officers
in the administration OF State finances,
and thus GUST the jurisdiction of the
political power of the State
That the act Of the General Assem-
bly, of Virginia approved - day of
-, 1884. found in Acts Of lsS4-'85,
which requires license-taxes to be paid
in gold. silver, United States Treasury
or national-bank notes only, Withdrew
from the officers Of the State and the
defendants in this suit the power and
means Of carrying the said supposed
contract under the funding act Of 1870
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