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The State Is Supreme

The State Is Supreme image
Parent Issue
Day
8
Month
December
Year
1887
Copyright
Public Domain
OCR Text

Washington, Dea 7. - A decisión waB rendered foy the United States Supremo Court yesterday aftornoon in the Virginia habeas corpus cases of Attorney-General Ayers and the common. wealth attorneys, Scott and McCabel, who were imprisoned by order of Judge Bond, f the Dnited States Circuit court, for disobedience to a restraining order forbidding them to bring suits for the collectdon of taxes in cases where tenders have been made by tax-receivable coupons cut from State bonds. The decisión was in favor of the State. The imprisonment of the State omcers was declared without authority of law, and their release ordered. The opinión, which is that of the whole court, with the exception of Judge Harían, who dissente, eustains the State oï Virginia atallpolnts, and virtually declares that a State, as a political sovereignty, can not be sued nor coerced In the Federal courts, elther by an actlon brought against it by name or by an action brought against its offlcers in their official capacity. The court de clares that the eleventh amendment establlshes a distinction between contracta made by individuals with a State. The latter claas can not be enforced by the remedies ueed to enforce the former - that is by soits In the United States Supreme Courts - and they are therefore without sanction except in so far as such sanction is glven to them by the honor and good faith of the contracting State. Such State may consent to be sued in its own courts or in the Federal courts for breach of contract, but it may at any time withdraw such consent and resume its Bovereignty, and it can not then be judicially coerced at the request of an individual.

Article

Subjects
Old News
Ann Arbor Register