Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-29
90, 1886.
The Recent Decision.

The Recent Decision.
We have moro than once told our
readers--what many Of them knew be-
fore we ever mentioned the fact to
them-that Brother GLASS, now Of the
Lynchburg Adrance, is very apt to be
right in his conclusions. Nevertheless,
even be sometimes "nods." In reply
Ing TO what we said the other day IS to
the recent decision Of the Supreme Court
Of Appeals Of Virginia that the act Of
1884 forbidding the receipt Of coupons
for school taxes was constitutional and
one which the General Assembly had
full power to pass, he says:
1.-THE funding bill of 1871 created
the coupons and brought all Of this
financial confusion and embarrassment
upon the State. II 1t was constitu-
tionsi, then 1t was q contract in whole
and in part, binding upon the State,
and there can be no escape from its
obligations under the Constitution OF
the country as long IS it is held to be
valid. If tall Of the taxes Of the
State were legally pledged to the cou-
pcns under the law, as they unques-
tionably were, then no subsequent
legislation can constitutionally inter-
pose to deprive those coupons of any
part Of their security.
GAS long, therefore, as the obliga.
tons OF the funding bill of 1871 stand
and are sustained by the highest courts,
al laws and decisions in conflict with
it, or that attempt to evade or violate
it, will be of no avail and the recent
yashon case under discussion, involving
the school money, will not pass current
before the Supreme Court Of the United
States if the law Of 1871 is made to
stand.
.The fact is, the funding bill of 1871
is unconstitutional and ought to have
been so pronounced in the first case by
the Court of Appeals of Virginia, as it
was by one of the court, Judge Staples,
and should have been SO confirmed by
the Supreme Court Of the United States.
Until all Of that undercurrent Of the
matter is settled there is no use of talk
Ing about pure water in the fountain"
The act Of 1871 bound the State to
receive the coupons for all taxes, dues,
demands, &C., falling due under then
existing laws. But that act did not
pretend to attempt to control the action
Of future Legislatures as to the amount
Of taxes to be levied. The contract
was to receive those coupons for what
ever taxes might be laid for State pur-
poses. 1t did not mention school taxes;
but if 1t had, that much of the act of
1871 would have been unconstitu-
tional. The Legislature did not then,
nor until 1884, exercise its right to
provide by law that coupons should not
be received for school taxes. There
were no school taxes before 1884.
The moment the Legislature provided
for school taxes the act of 1871
became imperative in so far as it had
been construed TO authorize the receipt
Of coupons for school taxes for the
Legislature had never under the pre-
sent Consultation tratifed two years
before 1871 possessed the power to
make coupons receivable for school
taxes recognized by law as school
taxes. s.if
In 1884 the Legislature reduced the
taxes for State purposes from 40 to 30
cents on each one-hundred- dollars
worth Of property. 1t had the power
to do that. 1t passed an act levying a
tax of 10 cents for school purposes.
Il had the power to do this. 1t
provided, as ii was in duty bound
to provide, that coupons should not
be received for these school taxes.
All these points were involved in the
VAsHoN case, and were oil decided
Alright. Even IL tall the taxes " had
been, IS the Aduance says, illegally
pledged 10 the coupons, the law would
have been unconstitutional, so far as the
school taxes were concerned, If there
had been At that time any taxes levied
for school purposes only. The fact that
no such taxes were then levied was all
that savsd that act from being
from its inception partly unconstitu-
tionsl. But the Legislature in 1884
remedied that wrong or omission.
Il passed . law laying a tax for
school purposes only. Therefore, we
modify the /aeanes's language, and
make il state the case ccrrectly--as
iS;lswss All The taxes levied for State
purposes ware lssslly pledged to the
coupons in 1871; and al the taxes
lssisd for State purposes are now
pledged to The coupons. There has been
nssspudistion. The school taxes were
not only never pledged to the coupons,
but could not have been. The Legisls-
turs had no. power to do that; for the
Constitution, older than the act Of 1871,
provides that ths school taxes "shsll
b spplisd"to the schools--not to the
payment Of ths State debt. es
fltA x 49, ~
1 ~
Criminal Expenses.