The times. [volume] (Richmond, Va.) 1890-1903, 1894-06-22
SOME MORE ooSsTIIUIioNAL Ia"
THAI l. sol Law

-. rfs,a,.h gave "a yesfe'9@f i'.'-'
i-'- -. a,,.,,sd dose - corsriDuonaI
~, ana true % or plfp,@-
/ --.,.-re understand THIS mater
/ -. .sre morning what J. sara ys--
+ -. s-d show Us true value 5-a- a.
re rfzcatch tells us that IN o.
I ,,,.a-,rv TIE o9.nion q the supreme ''--
/ - .4e United states IN Tha- j. A'D"-
! az ,te LEGAL tender case VI J1si!-e S-i)15
ys.4 the following language.
.s,vs-v contract for the payment o.
/ --~-a,- ef~r~Iv &C. necessarily s1rlr-t -
- constitgtlcnal pOTer q the S''---
roe1t over the currency.
III, the Dispatch did not tel rs, Nn4'
e the fact. that when ne question i's'
came before the Supreme Court ~ i"@
Tinted states (Which was soon AFTER l-@
vvar, whether Congress had any pave.
under the Constitution 20 make green
hacks legal tender for deot, nat c9-'-
consisted q seven justices. and that u
decided ~ the vote e four o.. is Non
bers . three that congress ha1 10 SIG"
r0wer. and that the at rn-@fIaHiNs "
DO the thing was replgaant - me on
s,itutlon of The Clted states ana Foi1'
that Republican congress al once pass
"a an act increasing the memoefsn4p 81
the court u nlne and that Ffe7lieNI
Grant appointed as the Two extra f-~i' ~
ucan Judges strong and Bradley. o'in
- whom were o. fecord az holding me
outnion that Congress rad the power 10
-,.ke greeobacks legal tender for deot'
.ha, the question vas imfne1l-ie-y
brought before TIE neT court am -'.-
TWO new Justices gave their votes as
was expected and known they ToDil' 'H
favor OF the power in Congress. reversing
thus the first decision. and that II was
,n delivering the opinion IN that case tnat
papubiican Justice Strong used the IAN
gvags that IS quoted. II was reproa-n
| 70 our Institutions that Re should nave
/ been In the court al all; i vas e44a--F
/ q reproach % them that he should nave
done his bidding and have made sucn an
announcement q consT'gronal law .of
which he can find NJ warrant a. al IN
the Constitution except The provision tAai
! Congress shan have power TO coin money
and reaulate the value thereof Ana 10
man VINO respects himself viii say that
mat provision was intended 70 give %
Congress power 20 forbid states - char
ter banks with authority 70 make and
issue their promisOry notes.
The Dispatch then quotes from an op.n-
lon q Chief Justice Waite the following
language.
"The only question presented Is as 20
the cOnstitutlOnality Of section 3il3 Of the
Revised Statutes We think that
this case comes directly within the pfln-
clples SETTLED In Feazie Bank rs.
TeunO where T. was distinctly he'd ity
the Supreme Court that the tax imposed
by that section on national ana Stale
banks for paying out the notes u ln1i-
viduals or State banks used for clrcl!a-
ton was not CONSTITUTIONAL
That there was school In this coun-
try during the war and for a number u
years after the war that was determined
| 10 impute 10 the United States Govern
ment power to control al paper issues,
| and. indeed. 10 90 whatever else the ma
| jority Of Congress might desire 70 d. cam
not be denied. 1t is indeed. one Of the
best known and most dssracefUl facts
! IN our history as a nation chief Justice
! Waite belonged 10 that school and the
case Of Neazie Bank vs.. Tenno IS con-
| coded by all men having any knowledge
| Of the subject 10 be an Outgiylng q that
| school But the case for the authority Of
! Congress 10 control the subject Sc IN no
| way strengthened by referring 70 that
| decision or % the Utterances q any q
| the members Of that school. We all know
Of the decision. and We know what Waite
! Strong & Co thought. Whf is wantel.
though. is that the provision Of the Con-
| stltution which authorizes any such doc
trine shall be pointed out. We ask the
| Dispatch 70 refer Us 70 the provision Of
the Constitution which authorizes Con-
/ gress 20 control the issues OF paper
: money. II cannot be done. Il IS usur-
! patton in the Government pure and sim
| pie. which was never contemplated bv
the trainers % the Constitution. and
which they would have expressly forbid
den II they had ever dreamed thar f,
would be attempted. Come. now. neigh
Dor stand Up 20 the rack Don't tell Us
that this judge said this and that fudge
SAID that Point Us 70 the provision %
the Constitution which authorizes Con-
gress 10 forbid State 70 charter banks
with authority 10 issue their pronisgorv
notes. That Is the matter In issue. and
that is what is wanted.