Shenandoah herald. [volume] (Woodstock, Va.) 1865-1974, 1885-05-01
THE COUPON DECISIONS.


up the flag that was its symbol.
The honest men of the "Old
Dominion" are indicated. The
| boosters and the 'best people are
the only screamers.
The readjusters of Virginia al
ways endeavored to inculcate re-
spect for the Judiciary. We have
learned that respect for Judge is
one thing, for the judiciary to whom.
John Marshall could apply the
word "unoorruptible" in conjec-
turing possible consequences is
another.
Let him who will, or can, respect
the late decision Of the Supreme
| Court of the U. s. on the Virginia
coupon casesl Less than two years
ago eight of nine of these same
judges or justices O declared Viz
| ginia's legislation constitutional on
the high ground that sovereignty
must abide with taxpaying peo-
| pie. That Field then dissented
was no surprise. He failed to get
a square endorsement from his
own state because he was there
considered to be only a corpora
| ton" creature. But the decision we
now have does operate no little sur
prise. Four Of the same justices %
who little over a year ago held that
the substituted remedy was not an
| impairment of a contract, now hold
that they have passed upon a
different question, tO-wit: that a
suit against an officer of state is
not suit against the state. Here
is what they decided in their own
language:
"For a breech Of its contract by
a state no remedy is provided by
| the constitution Of the United
States against the state itself; and
| a suit TO compel the officers OF a
state to do the acts which constitute
a performance of its contract by
| the state is a suit against the state
itself. II the state furnishes a
remedy by process against itself or
against its officers, that process
| may DO pursued because it has
| consented to submit itself to that
extent to the jurisdiction Of the
courts; but lift chooses to with.
draw its consent by repeal of all
remedies, it is restored to the i'm
| munity from suit which belongs to
Lit As a political community, respon-
sible in that particular to no super
| ior. We do not, therefore consider
Lit necessary to enter upon the In
curry, whether the remedy pro-
vided by the State of Virginia, by
| the act of 1882, ia effective and sub
stantial, compared with that which
] existed in 1871, when the bonds
| were issued. 1t is sufficient to say
| that it is the one which the state
has chosen to give, and the only
| one, therefore, which the courts OF
| the United States are authorized
to administer"
| Was there ever so complete q
qualification by court of itself
Stanley Matthews, too, who deliv
cred the opinion of himself and
four corporation attorneys on the
| Supreme Bench was so Jealous and
Jealous two years ago that ne had
| to pronounce an opinion for hImsey
| in behalf Of the state, and going
| far ahead Of his agreeing associa'
ties.
/ Does this change grow out OF
| the fact that the case tried two
years ago involved only the rights
of citizen (ADtoni) while these
ilster ones are born of railroad cor
! poratiOns 2 We think so. Matthews
was only confirmed by one vote,
although he had been Senator,
because he was openly charged
With Jay GOuldism. Field was be-
gotten by Huntington out Of Paci'
fc railroad stocks. Harlan was
begotten by Hayes who loaned
his administration to Hugh Nc
Culloch's British syndioates to rob
=, Virginia.
/ Virginia may rejoice that she is
as she is. With Waite, Miller,
+ Bradley, and Grey on her side she
, may laugh at the corportlon
pimps of the court.
i Virginia has a history in her
law reports seriously damaging tc
a the integrity of judges born on bel
! soil, and of her highest court, who
q had to be tried by those with whom
q they had been associates. Virgl
, MIA is to be pardoned if she be NJ
I idol worshipper.
4 The readjusters have chief Jus
:. tee Waite, and associate Justices
: Miller, Bradley, and Gray. Brains
!. law, patriotism and Fundamental
n principles against q few magnln
: cent corporations and their hire
!, liugs in the legislative, executive
/, and judicial departments OF thu
government.
= Ifthere had been no n. Y. presl
. dnet there would have been nj
=. Bond, no Hughes, no Harlan, NJ
:. Woods, no Matthews, no Blatchtor'
deciding against right, law ant
Justice. "Flunkeyism' would ex
press it in England. "BOotlick" i
the comprehensive American word
BOurbOnlsm pretends to fee
sorry. 1t only lies 1t loves t
> lie 1t was trained so to do, ant
=. it is the easiest Of tasks.
Those gentlemen % who for fee