Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-06
WERE MAW OPINIONS
In Unusual Number Of Decisions Rem.
dsTed IN the Supreme Court
.. co,ro> QUESTION AGAIN.


80 I'm the Dtsmat-sramp
Trnnsactto"'
e,rreme Court OF Appeals did not
amy decision In the Lunenourg
,.,stcrday This was contrary TO
..-,l expectations, and many persons
49,. ,rgc assombiage were disappoint-
-,. Court. however. hand down
... an a number OF important cases
,,tich was that Of Maury against
commonwealth. from the Circuit
- ,no city OF Richmond. This opin-
rss prepared by Judge Kern ana
.xhanstively with the constitution
.. ~ Questions involved In the con-
The result was that the judg-
the lower tribunal was sustained,
light amendment. The facts as
...,t in the decision. are That RICHARD
,t.sry. on March l., 1892 rendered cou-
. from bonds Of the state OF Nir-
., ,n paymont Of a state prop riy-taN'
....,. Of the school-taX; that the cou-
..r. received by the Treasurer OF
100. az Richmond, and delivered 10
... 81 the Circuit Court. as re-
bv section ios of the Code OF
rn as amended by the General AS
. F hruary p. 1890. AT the same
,re plaintiff IN error PAID 10 the
,-.....rer his entire tax OF $iS
UrTERM1NE GENUlNENEss.
... law stood at the time of this
..~ - was the duty Of the Circuit
r..-t to cmplnel a jury TO determine
...ter or not the coupons rendered
Genuine coupons, legally receiVaDie
w. t.,r.. debts. and demands due the
..+. d that issue should b. 10y the
errd I'M favor Of the petitioner.
.,,. the duty Of the court TO certify
.t l, the Treasurer who was r.
.s refund the money heretofore
Did. tho PETITIONER TO him out Of tn
t... money in The Treasury. in preference
.n other claims. on February q, lSsi,
- ...ftnu was repealed, and on Aprh
- tho Commonwealth OF Virginia,
. boz COUNSEL moved the Circuit court
. dismiss the petition OF Mauiy upon
.. rr..rl ihlt toe section OF the Cods
M authority Of which II was nled had
i.., ,.n.aled The motion was granted,
r.t.. refuiOn dismissed, but without
....- and 10 this ruling the petitioner
t,reu..l.
ID. D..
The contention made was that by VIZ
one Of The contract which the state OF
,..-..ri. made I'm issuing the coupons,
,r,intif acquired the right TO pay
t. flxes herewith. an0 was protected
., nis right by the Constitution OF the
-.t. and Of the United states. Says
l. Court of Appeals upon this point:
.we lo n6y propose 10 question TINS
,.,rf We do not consider its enjoyment
h.in. al all involved in this huga-
f.r The act Of the Circuit Court COM
claimed OF i'm no way defeats or impairs
+l. f..-receivable quality or the coupon.
Do being a taxpayer and the holder OF
,.un0rs the petitioner acquired the rlsHt
DOB ray his taxes with said coupons, that
r.cbt continues undlminished ana uhlm-
paired by the judgment complained o.
The real question for us TO con-
siI0r. then. is whether any right has vest
ID uuder section 40S Of the Code, as
s~ended which IS of such a character
us TO bring it under the protection OF
tho prlnciplo Just announced, and so
.rl,rafts upOn. ana, as 1t were, incOr-
r.rafas into the contract Of The state
,..th the petitioner the remedy which ii
e.rftrs as 10 bring It under the operation
OFF tine clause in the Constitution which
ffh1s "a state TO PAYS law impalrlns
ODD. OBLIGATION Of contract The opin-
ION goes on TO state that section 4OS
merely enabled the cOupon-holder TO ten
D.r his coupons 10 the collecting officer,
whose duty il was TO send them sealed TO
f.a Judge Of the Circuit Court. The tax
f,r.r was then authorized TO file his petit
,on AGAINST the Commonwealth. "The
Court was not authorized" the court
holds "to render a judgment for the pay
mont Of the money It's function ended
,l.n the issue Joined as TO the genu-
Irsness Of the coupons was determined.
Dos whole duty was to certify TO the
Treasurer the fact that the coupons were
.r uere not genuine, as ascertained by
ifa verdict. and. having done this, It's
lr.iicuon was exhausted
THE COURTS CONCLUSION.
The opinion OF the court concludes:
'Whlc. therefore. We are OF the opinion
that Tie act repeating section 40S of the
Colo is not i'm conflict with the Const-
tuition. either of the State or United
States hut is valid aud binding, and,
therefore that the Circuit Court did not
err .u dismissing the petition, we are oil
opinion that ii should have directed me
coupons of the petitioner which IL heid
'or idcnuhcation TO be returned TO nm.
TAa State certainly ought not to retain
boN the coupons and the money. IL
is not disputed that the petitioner was
indebted to the State for taxes due As
those taxes hay. been satisfied by the
money which he paid. he will, upon the
return of his coupons. be restored to the
position which he occupied on October
Dc. 1892 as far as it is in the power OF
UIs court TO relieve him.
Eve are. therefore, Of opinion that
re Judgment of the Circuit Court dis
o'.ssng the petition should be amended
Ed as 20 provide for the return to the
.ainum in error OF the coupons de-
roed IN his petition aforesaid, and that
is amended tho Judgment Of the Cir
.uit Court should be affirmed, but with
lut damages or costs"
Counsel for the plaintiff in error in
This case were Messrs. Maury & Maury,
while the Attomey-General and Hon II.
g. Pollard represented the Commons
wealth.
Decision Favorable 10 Miss Rogers.
The opinion in the case Of Tompkins.
&c.. against Grifhn's Executors was hand
cl Gown by Judge John ~ Buchanan.
Do .s of more than ordinary interest to
Richmond people The Court says:
'The question involved in this case IS
the construction Of the seventh clause of
'H VIII on L. NJ. Nllhlh' utStd9r"' Wiich
is as follows: 'Seventh.-TO Miss Nellie
NeCance Rogers may God bless her,
. ms sincere prayer 1 leave in fee-sim-
rr one third O-O OF my entire estate
uat .s. after paying the above legacies
moan By my entire estate, all OF my
DIE insurance real estate, and personal
property. This legacy | want my admin
l.ators to pay at their very earliest con-
N.n.ence certainly as soon as they can
realize on my stock OF tobacco
"Al the time Of the testators death
he had four policies of insurance on
Dds lfo aggreeating the sum of Slo.VV
Ai were for the benefit OF his wife, who
I ded since they W re taken out. The
....I...... 81 tl~.. Of tho cornpauigc In