Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-02-14
SATURDAY. FEBRUARY IA, 1885
The ,Iudic,al usurpation.


When we said yesterday that Judges
BoND and HUGHEs had usurped the
functions Of the Legislative, the execu-
tive, and the judicial departments of
the State government Of Virginia we
did not exaggcrate the facts. As was
shown in our local columns yesterday,
the law Of Virginia prescribes the
method of paying all moneys into the
treasury, and provides that any
person who shall pay in any other
manner shall remain liable for such
money. And yet in the face Of this
LAWN contempt of the authority Of
the State and Of the legislature Cir
cult Court Of the United States has is
sued an order commanding the Auditor
not TO refuse TO receive coupons for
taxes! In other words, that Court has
undertaken to repeal law of the Com
monwealth of Virginia, and to release
State officer from his obligation to obey
that law.
The amount in controversy in the
case Of PARSONS, &C., was little less
than five thousand dollars-so little less
that it is Notifying to consider it--and
therefore the case cannot be taken up
to the Supreme Court Of the United
States.
1t may be supposed that if a State Of
ficer were imprisoned the Supreme
Court would issue a writ of hdbeas
corpus in his behalf. 1t has the right
TO do so. But that tribunal would re-
fuse to entertain petition for writ of
hdbeas corpus under such circum-
stances case Of contempt of court,
rs it would be claimed to be by BOND
and HUGHES.
AS we said yesterday. Circuit Court
of the United States now fills the Office
of commissioner of the revenue. Mr..
MUxFoRD, his assistants, clerks, and
agents, ere the persons authorized to
issue licenses. They are by law re-
quired to issue them only to the proper
persons-that is, to such persons as
have paid for their licenses in money,
and, in the case Of liquor-licenses, to
such persons only, we think, as the
Hastings Court has granted permission
TO take out such licenses. But the
Federal Circuit Court orders Mr.. Nun
FORD to receive coupons for licenses,
and to issue licenses to " any dppti-
cant for such license.
Will Judge HUGHES take the re-
sponsibility of imprisoning all officers
who under the law of the State refuse
10 receive coupons for taxes. and thus
put an end TO the State government
Will he appoint new officers in the place
oft incarcerated ones, and become an
autocrat Of all the Russias:" Will
he pass new laws, or will he let the laws
now on the statute-book remain there,
and treat them with contempt!
Mr.. TUCKER ought at once to intro
duce into the House Of Representatives
a bill giving to the State Of Virginia
(ior the suit is really against the Com
monwealth) right Of appeal in this
particular case. BY unanimous con-
sent such bill could be passed i'll ten
minutes. II need not contain hun
dred words. On the 10th of March
number of Virginia cases arc to be
heard by the Supreme Court of the
United States. Let this one be added
TO the number. The very exist
tence Of the Commonwealth is
impcrilled, we might say, without
much exaggeration for il Judge
HUGHES is to be allowed to set aside
State laws, not because they arc uncon-
stitutional, but because he doesn't like
them, then the State government has no
reason FOR being. Recollect, in this
connection. what we said yesterday
that the Supreme Court Of the United
States long ago decided that the State
had under the Federal Constitution the
right to require the genuineness Of the
coupons TO be proved before she could
be compelled 10 receive them for taxes.
-----------.--.--a-r------
Blufhng.