Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-10-14
ASKED roR $40, 900, GOT $3.50.
This the Result or the Willis Case I'm
the United states Court.

the United states Court.
The trial Of the case Of A. VI. Willis and
wife rs. W. G.. Miller. treasurer OF Kappa
bannock county, was resumed In the
United States Court yesterday-Judges
Bond and Hughes presiding. This was q
ease in which the plaintiff rendered c)u.
poDs IN payment OF his taxes (which
amounted TO Sl2S and some centsE which
were refused. The treasurer levied and
sold sufficient quantity OF the plaintiffs
property TO satisfy the demands OF the
Commonwealth, and suit was brought
for $4,000 damages. The evidence was
concluded Tuesday.
Mr.. AYERs's MOTION.
When the case was called yesterday At
torney.Genoral Ayers moved the Court to
instruct the jury that so much OF the taxes
for which The plaintiff rendered coupons
in payment as were required by the act OF
the General Assembly OF virginia TO be a..
sessed for The public free-school purposes
and collected and kept separate from other
state funds were not solyable IN COUPONS,
and that the evidence OF tender OF coupons
for so much Of said taxes as were so re-
quired to be collected for free-school pur-
poses should be disregarded by them.
The motion was argued at length and
oyerruled by the Court.
OPINION OF THE COURT.
Judge Bond, in Oyerruling the motion.
said: The Court has listened with interest
to the argument OF the counsel upon the
point now made-t.at since the act ~ 1891.
which segregated the taxes levied by law
and collected by its treasurers, the right 10
tender coupons in payment OF the state
school tax was no longer allowable.
BY the act OF 1871 the coupons rendered
in this case by plaintiff in payment Of his
State taxes were made receivable for all
public taxes and dues. The supreme Court
Of the United states has decided that this
was a contract between the State and thr
coupon-holder which no subsequent legis.
latiOn could impair, and we cannot nov
see why the fact that the Legislature has
altered the method OF collecting the school
tax, or the method of its distribution, or
the fact that it has segregated it from the
gross tax collected can alter its con'rac'
10 receive ITS own evidence II debt in
payment OF that tax. 1t i 4 public
due. The tender Of a coupon is the ten
der Of q receipt OF so much money already
in the State Treasury. II the money repre-
sented by the coupon is not in the Treasury,
il is as much the duty OF the state to have
it there as IL l. TO support the public schools.
The one is rs much sacred trust rs the
other. So far As IT may be maintained that
the act OF 1854 iorbids the receipt OF taX-re-
ceiyable coupons for any State tax 10 that
extent, 1t Is IN violation Of the Constitution
Of the United States. a. has been decided
again and again by the Supreme Court, and
no device Of diversion or segregation or
distribution Oi any particular state tax
VIII avoid this fatal defect.
| find on looking over the docket oi this
court some ioIty other cases similar to this
in which levics have been made upon the
property Of citizens Of this State after they
had rendered the state coupons in payment
Of their taxes. This action has been con-
ceded 10y the officers OF the state who have
represented her in previous eases OF this
character 10 be 4 ircSpasS. II seems 10 me,
therefore. under such circumstances, the
act complained Of being conceded By the
defence TO be Illegal. TO be the duty Of the
Court ard jury to take cOgnlzance 0f this
continued disregard Of the law and 10 in
ilict such punitive damages upon the de-
PENDANTS aS shall deter them from further
acts Of like character.
INSTRUCTIONS.
The instructions in this case were the
same IL those given in the Ford and DulI-
ncy eases, with the following addition:
And the jury are instructed that the
meaning of the word malice, in llW, i not
personal hate or Ill will OF one person to-
wards another. But il refers to that state OF
mind which is reckless oi Law and Of the L.
gal rights Of the citizen in 4 persons con-
duct towards that citizen. and the object Of
she law IN permitting the jury to give eX-
emplaTy damages, or smart money. in cases
like thi, Is not only 10 indemnify the plain
tiils for the loss sustained, but to prevent
similar actions upon the part OF these and
other defendants in the future"
TIE ARGUMENT.
The argument was opened by Mr. George
Bryan, Of counsel for Willis, who was fol- !
lowed by Attorney-Gcneral Ayers, Next
came MIR. Tucker for the treasurer, aud !
Royal closed. Mr.. Tucker during bis |
speech, which was iOrcible and argument. |
aliyc, made the following points:
1st. That the Constitution made the |
school fund trust fund, and that no con- !
tract subsequent to the Constitution could |
divert it. The attempt by making coupons /
receivable for school taxes was diversion !
Of the school fund in practical effect by the |
trustee TO the payment OF his own debt.
I'd. That though rights might have been |
acquired under his contract, yet they must |
be- set aside. not as mpairing the obliga.
ton Of valid contract, but because the /
contract. il the original power TO make il
was wanting, il was void, ultra rireS. This
was the case here.
Sd. That the previous decision OF the |
Virginia supreme Court aud that OF the
Initcd States court were not in conflict !
with this case, because the facts were dl-
Iercnt. Here. for the first time. the Legs.
ature had followed out the constitutional
and segregated the school-taX
90 as TO make it distinguishable from the
others. II exercised the tlX-power for
schools A. a distinct and trust power from
ill other taxation.
"TO be Just before you are generous " is
right; but TO he just by Illegal
means and in violation OF the Constitution
: equally wrong.
VERDICT FOR $50.
The jury after being out few minutes
,rOught in the following verdict: "We,
he jury, find the defendant guilty and as
e.. the plaintiffs damages at $50"
II was brought out in evidence that Will
is's property was sold for about IS les
han its real value, so II will be seen that
My about Sl4 damages were actually
warded.
The verdict carries with il the costs
which it is stated amount TO $3.50, or 300
n all. Mr.. Royal cOndrues one OF Judge
Bonds rulings made during the progress
i the trial as virtually to the effect that
he pllintiG can retain his coupons which
we're rendered and rejected. Willis holds
recdpted taX-bill.
MORE CASES.
There are now pending in this court be.
ween thirty-fiye and forty eases similar to
he shove, all OF which will probably b.
cited to-day, taking this verdict as basi,
i settlement.
Personals and Brien.