The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1885-03-19

~ w uSHluSlOll SpGCIdA Ol w GlllleSlldy 10
the Baltimore sam says Attorney-G General
Blair, of Virginia. has filed his brief in the
coupon cases, which are set for hearing
in the Supreme Court on the 10th instant,
but which may not be reached until the
day following. Mr.. Blair asks for dismis-
sal of the suits on six separate grounds
First, that the declarations and bills in
each case are insufficient in law; second.
because the courts, State and Federal, had
no possible jurisdiction of any of said
cases third because it is a fundamental
principle i'll all spvereignties that State
cannot be sued at all unless she consents
to be sued, and she has not consented to be
sued III any of the modes adopted in these
cases. or i'll any Of the courts named
fourth, because the subject-matter of one
and all of said suits is the collection of
the public revenue of Virginia and the
receipt of her coupons therefor, and for
this additional reason the courts below
should not have entertained them fifth.
the writs OF error and appeals in each of
these cases should be dismissed as the
amount in controversy in each is less than
IS 900; the jurisdictional sum necessary
for this honorable court sixth, because
the parties, plaintiff and defendant. are
all residents of the same State, and no
such constitutional questions arise in any
ton OF this court.
Mr.. w. l.. Royal, OF counsel for plain
| tiffS, in his brief holds that there is one
| proposition lying at the foundation of all
] the cases, which is, What is the effect of a
tender of the States coupons in payment
of tax? The discussion of this promo
sition starts with certain concessions.
which are First, the State when she is
sued her coupons made an inviolable con-
| tract that she would receive them for
taxes; second, any law that prohibits her
| officers to receive them is simply void. He
contends that the contract Of the State to
receive her coupons for taxes places them
on the same footing exactly, so far as her
demand for the taxes is concerned, as the
! stamp of the general Government upon its
| gold coin. The contract made the coupon
legal tender for the tax, and a tender by
| the debtor OF that which is legal tender
for the debt pays and eXtinguishes the
debt. Reviewing at some length and eX-
posing the specious pretences set up by
the State in justification of the coupon
killer acts, he says the court cannot close
| its eyes to the purpose which the Legis-
| latufe of Virginia has had in view in all
| its legislation respecting these coupons.
1t is evident as daylight that the Legis-
lature of Virginia has intended to DESTROY
these coupons, and if that legislation is
allowed to stand it becomes equally evident
that they are destroyed. Mr.. Royal CON
cludes in the following words 1.-THE fuss
and noise that has been made over the
public debt OF Virginia is as veritable q
bugaboo as ever existed. There is no sort
of reason why the State should not pay the
interest that she owes. The property of
the state is assessed at less than half it's
value, and the rate of taxation is forty
cents on the hundred dollars. 1t must be
conceded that this is very light taxation.
At this rate the revenue of the State
amounts to $2,S00,00 The expenses of
the State government, including the pub
lie free schools. are less than 81 100000.
which leaves a surplus of Sl,lO0. 600 to he
applied to the interest on the public debt,
The annual interest due on the bonds that
bear tax-receivable coupons amounts to
less than 81, 100, 600 so that it is appar-
ent that at the trifing rate at which the
people of the State are taxed the State
could easily pay her interest it she would. "
On Monday the cases were not reached
in the order of business, and possibly will
not be until to-day. The array of diStin-
guished counsel in these cases may induce
the court to extend the time for argument.
but of course nothing has been deter
mined SO far as this is concerned. 1t is
anticipated UlltlU lllUl0 VI ULo legal ana less
of the political aspect of the issues invol-
ed will enter into the argument of counsel
for the bondholders than on the former
occasion of trial before the Supreme
Court. This is well, as the Supreme
Court is extremely tenacious of its dig
nifty in this respect, and gives more
mature and careful consideration to cases
which are rested purely upon legal points.
Ex, Governor Chamberlain filed Monday
his brief as counsel for Parsons. Parsons, q
citizen OF the state OF New York, is owner
OF me SsSuuo OF 70 coupons ,dp9 cut cut from the
bonds OF March IL, 1871; He asks that
Cne proper olllcfals OIL tne state OF Vir-
glnla be required 70 specially perform the
contracC emDodled III tne coupons, and to
accept sad coupons LOT al taxes and
incense taxes' Inc prlef OF Gov; Cham
DerIain sums sums up lnaG tne refusal OF the
State officers to receive the coupons with
n ~ h. Hood,