St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1890-03-04
NO APPEAL FROM THESE.
Decisions Affecting States Rem
dered by the Supreme Court.

Decisions Affec. ing States Rem
dered by the Supreme Court.
WASHINGTON. March 3.--The United
States supreme court to-day rendered
decision in the case of Hans against The
State of Louisiana, on appeal from the
circuit court of the United States of
that state. Hans brought suit to re-
cover the amount of certain coupons
issued under the Louisiana law of 1874,
with what arc known as consolidated
bonds of the state of Louisiana. The
court, in its decision to-day prepared
by Justice Bradley, decides against
Hans and atfirms with costs the decision
of the lower courts. In this opinion it
is held that the coupons We're nothing
but the states PROMISE to pay; they
were blsed on the faith OF the state,
never suable in court, and do not be-
long to that class of obligations which
are subject TO judicial enforcement.
More than this, the fact that the state of
Louisiana, by constitutional amend
ment in 1879, impaired the obligation of
the contract in the law of 1874, by with
drawing the security originally pledged
for the payment of the coupons and of
the bonds to which they are attached,
does not, in the opinion Of the court,
make the state Suabe. 1t may be
breach of faith. or violation of contract;
but the state can't be sued for the debt,
or for damages arising from
ITS BREACH OF FAITH.
The state cannot he sued on Its PROM
iSes to pay. In another decision, in the
case of The State of North Carolina
against Temple. on appeal from de-
cision of the circuit court of the Eastern
district of North Carolina, in favor of
Temple, who brought suit to compel
the state to carry into effect law of
i 1869. which provided for raising taxes
to pay interest ON the especial tax
bonds" of tho state, the SUI
preme court to-day reversed the
decision of the circuit court
structions to dismiss the complaint.
The circuit court decided that the state
was indebted to Temple. and should
pay the interest on the bonds. Justice
Bradley, vino also prepared this de-
ciSiUm, thinks it perfectly clear that the
suit against the state in this case, on
the point of stability, is settled by the
decision rendered to-day in the Hans
case. After the Legislature passed the
law in 1885 TO raise the taxes to pay in
terest on these bonds, the state passed
laws repeating the law, and, later, the
people adopted constitutional amend
ment prohibiting the passage of laws
for the collection of any tax to pay
these bonds, unless purpOSing to pay
the same after having been submitted
to the people aud ratified by regular
election. The whole question. the Opin-
Ion holds, is resolved by recurrence
10 the general principles that the
OBLIGATIONS OF A STATE
rest for their performance upon its
honor and good faith, unless it consents
to be brought into court or comes itself
into court. In the case of Peters, re-
ceiver of the Exchange National Bank
of Norfolk, Va, against Balm & Bio.
and others, on appeal from the circuit
court of the Eastern district Of Virginia.
the court to-day decided that the as
Signments of Balm d Bro. are valid, and
that Peters, the receiver, must show
which property was purchased with
the banks money. in order 10 eptitle
him to demand that property from the
assignees of Balm 81 Bro. In the cases
of David Armstrong. receiver of the
Fidelity National Bank of Cincinnati,
against the American Exchange Ma
tiunal Bank of Chicago, an appeal from
the circuit court tor the Southern dis
trict of Ohio, the court to-day affirmed
the decision of the lower court with
costs.