Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1886-02-17
THE yIRsISIA coUPoS BONDS.

The oec15on OF the Supreme NOuI' VI
the FIRST day Of this month in re-
gard to Virginia coupon bonds Is
threatening TO bsnkruP, the State govern
msnt Of Virginia According to the deci
sion the Virginia taxpayer who holds these
coupons il nov guaranteed the following
rights, strictly confning the decisions to
the fActs actually involved in them: de
may make tender Of coupons in payment
Of his taxes, whether they be ordinary
taxes or license fee, and after that bis
taxes are held IS paid; and If Any ofheer
Of Virginia seeks TO make collection By
seizure Of his property be may be sued as
a trsspssser, or s1It may be brought TO re-
cover the property; and If the officer
plssd the Sts,e Law uLder which he
acted. he will plead void laws, which
can afford him no protection. As corol-
lary 70 these general rights, whenever the
ssizare Of property, such az the rolling stock
of railroad, il liable to do irrepsrable injury
70 :he taxpayer, the State officer may be en-
ioined. These nights on the other hand,
belong 10 3 taxpayer alone, and even he
canno, 5ring direct suit sgsinst q tax
collector Tor simply refusing bis coupons
sirhout other aggressive act; nor suit
Rhich viii force The collector 10 give re-
ceip: eIcep. 90 tar as Law Of Virginia,
passed January IL, I952, allows him to do
so; for II appears that this act as being
an equivalent for State Law in existence
when the coupons were issued is considered
part Of the contract and in substance ire
psslsole.
This Is one OF the boldest decisions ever
made By the Supreme Court, and it looks
evident that this Court has transcribed
the powers OF the Constitution Of the
[ nited States. The following from the
New York Herald shows why its consti,u.
tionshty is questioned
II 8 principle Of sovereignty that 8
Safe canno, be sued without its consent
in i;s own courts BY It's own citizens The
eleventh amendment to the Federal Con-
st'tuiou declares that State shall not be
sued in any Federal court by citizen Of
another Safe. For more than eighty
years the United States Supreme Court
held that this principle and this amend.
nzIdmen, exempted every S.s,s from
suits brought BY individuals without its
consent
In i.s opinion in one Of the Virginia
coupon cases rendered last april the court
drew q distinction between a State and its
osEcers. It held ,ba, 81 officer OF State
might be sued By citizen either
Of that State or any other State
Tha; decision annulled the eleventh
amendment to the Federal Constitution.
Tie distinction drawn By the Court between
a State and is officers is very Ike the dis
;inc'ion implied in the reply made By one
character 10 ANOTHER in the Birds OF
Arisiophanes-"I am not laughing at you
On; g, your beak
10 the case in which this remarkable
opinion vas rendered four members OF the
Court dissenled. These we're Chief Justice
WAI-E and Justices MILLER, BsADLEY and
GRAY. They maintained that State can
&C: only throughils officers, and that to sue
the officers Is 10 sue the State The same
view vas expressed BY Justice MATTHEWS
in ths Virginia coupon case Of ANTON
"a. GREESaow, decided By the Supreme
Court in l9-3 Il was By the vote Of
Justice MATTHEWS who appears 10 have
changed his views, aud By dis yoice-he
delivered TIE opinion-,ha, the Court, by
= 5ass majority Of one, declared in April,
1855. that State might be sued through
It's o:acers, and thereby annul the eleventh
amendment.
TIE principle maintained by the four
minority justices 10 this case was expressly
Affirmed BY the Court in the Virginia Jury
,ass, decided six yea,s ago. The Court
hen held that when colored citizens we're
Excluded from the jury-bOx by the
2,5cers ola STATE they we're excluded By the !
i'a,e A State, it then declared, acts
~ the legislative, its executive, or Judicial |
authorities l. can act in no other !
way.