New-York tribune., 1885-03-26
ARGUING THE TAX COUPON CASE.

WAsu1NGToN, March 25.-Attoney- General
Garland continued his argument on behalf OF inc state
of Virginia in the coupon cases before the supreme
Court today ana followed by Senator Evarts VINO
closed the argument for the holders OF the coupons MI
Garland In the half hour in which he spoke to-day
contended that the question at issue Is wholly between
tbe holders OF the coupons and tue State OF Virginia He
asserted that those who deal in the bonds OF state must
rely up the good faith of the State alone for their security
and the good faith of the State is he added coDhded 20
the Legislature of the State Mr. Garland look tue
further ground In his argument that should this
court give Judgment in favor Of the coupon holders the
relief for those parties except through the
action OF the state Legislature He said this point
You uhe other side) may get your judgment against
the State you cannot seize her property ana sell II al
public auction to pay the Judgment" And further
along The bondholders Of the state OF Virginia who
took the bonds upon the good faith Of the State must
still depend upon the good faith OF the State" In con
euson he said that he would discuss the morality
of the question he had simply presented the law and
that was all that this court lias to deal with.
Senator Evarts in opening his argument, denied that
these are suits against the state OF Virginia The record
he said shows that the parties TO these suits citizens
OF the United states aud that they also citizens of
Virginia This court he said has jurisdiction OF these
indiydnals against trespass lie contcnded that the
State having to the coupons the faculty OF paying
when taxpayer has rendered his coupons In payment
Of taxes he has discharges the me- debt 3 ShS9d Stae
taxpayer unless You pay Xonr taxsS IN Eoid OF ne
rny rights" lie dsproyed the assertions OF the other
aide power snOt In the Federal Courts to enforce
the execution their Judgment II II be against the state
the Senator said that there is fear that force will have
70 be re sorted compel the obedience OF State TO
the mandates this Court ana closed by calling atten-
ton yirgina's maxim, Obedience to law resistance
" force"
Upon the conclusion OF Mr. Evartss argument the case
of Brown Allen, Auditor OF the Public Accounts OF the
etate on Virginia, and Others, agt the Baltimore and
Ohio Railroad Company, on appeal from the Circuit
Court the Western District OF Virginia was taken
ana argued by Attorney General 3lair of
Virginia. on behalf of the appellants and by Mcssrs.
eheney and COwen on behalf OF the appellee. The only
substantial difference between This and the other cases
ts that In this the Baltimore and Ohio Company
having rendered their coupons in payment OF taxes aud
refused to make In money and the State having
through the County Treasurer proceeded TO levy upon
and sell the property OF the company In destraht for
taxes, the company obtained perpetual injunction
against such proceedings from the Circuit Court and the
case Games up this court appeal by the Auditor Of
the State The questions Of law involved are similar to
Shose involved In the other cases ana the arguments pro
and con are based upon the ground as In those
eases.