Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-03-28
The state Debt.

The fact that the State OF virginia
kaeels before the Supreme Court of the
United States begging the Justices to
respect the Federal Constitution and
dismiss the several suits that are now
pending against her in that tribunal has
aroused 8 feeling of indignation amongst
the people Of this State, and produced
another large crop Of advocates of down.
right Reputation. Judge LyBROoK is
just out in letter in which he favors the
policy Of giving to the bondholders
enc more opportunity to accept the
terms Of payment heretofore offered by
the State. and then of repudiating all
the bonds which may remain unfunded
=. the end of year. Here is his own
language as it appears in the Patrick
Press.
+" Give the creditors one more year
TO come in and fund under the Riddle
berger bill, as think it was understood
by its trainers. If they refuse, then
rsyadiafe eruy dollar. Put an end to
il forever, and let us and our children
have peace"
That is n warning which the bond
holders would do well to heed. There
is no way that we know OF in which
State can be made to pay her debts If
she has determined not TO pay them. 1t
is easy to say that when State makes
q contract she comes down to the level
OF a person, and must be made to live
up TO the letter Of her obligation,
but when il comes TO destroying
the autonomy OF a State, and
closing the treasury. the matter becomes
serious. The talk Of appointing re-
ceiver for State is all intended only to
show the folly Of persons who suppose
that all they have to do in order TO get
money out of State is to get the judg-
ment in their favor Of the Supreme
Court Of the United States. How is
srcii.a judgment to be made effective?
The Legislature could repeal all
laws providing for the collection of
taxes, and call upon the several coun-
ties and cities for their due proportion
Of the money needed for carrying on the
government, and almost any Legislature
would do that rather than allow the Su-
prene Court Of the United States, which
has no right to entertain suits against a
State. to pour all the States revenues
into the bondholders' hands, and stop
the wheels Of government unconstitu-
tionally. IL the State government is to
come to an end, let the Legislature wrap
the imperial purple around it, and not
allow stranger hands to touch it.
Our hope is strong, however, that the
Supreme Court of the United States
will revive the eleventh amendment.
II does not seem possible to us that the
justices can shut their eyes to the
patent fact that all the suits against
Virginia now pending in that court are
really and truly suits against the State
brought in violation of that amend
ment.
Mr.. GARLAND was asked the other
day by one Of the Justices if his con-
teution was that the Supreme Court
could entertain no suit against State
officer as suchs Mr.. GARLAND re-
piled in the negative. Too many such
suits have been decided by the Supreme
Court in past years for Mr.. GARLAND
to have answered otherwise. No doubt
a State officer can be rightfally sued in
Federal court, and compelled to do,
orio forbear from doing, many things.
But he must never be sued when the
State is the real party--neyer when the
effect Of a judgment would be to bind
his successor as we'll as himself. This
is going pretty far on our side of the
Neasetion, but we cannot at this mo-
meat think Of any other point at which
LII H.. ho Awaun