Chap. 308.—An ACT to pay John Scott, late commonwealth’s attorney of Fau-
quier, for services rendered in debt litigation in the United States circuit
court.

Approved February 20, 1894.

Whereas the commonwealth of Virginia, by her statute of May
twelfth, eighteen hundred and eighty-seven, under a penalty for a
failure to discharge the prescribed duty, directed John Scott, as the
commonwealth’s attorney for the county of Fauquier, along with her
other commonwealth’s attorneys, to sue in the circuit court of the
county tax-payers for their taxes who had tendered tax-receivable
coupons; and

Whereas his honor, Hugh L. Bond, judge of the circuit court of
the United States for the eastern district of Virginia, caused to issue
from his court, which was served on the eleventh day of June,
eighteen hundred and eighty-seven, a certain order restraining the
said John Scott, as commonwealth’s attorney, from bringing and
commencing suits against persons for taxes alleged to be due the
state of Virginia, for which tax-receivable coupons had been ten-
dered; and

Whereas the said John Scott, thus placed in a dilemma of con-
flicting authorities, preferring to obey, under our double system of
government, the mandate of Virginia, his natural sovereign, brought
more than thirty of the suits enjoined by the restraining order of
Judge Bond; and

Whereas after the suits were instituted, but before judgment, a
rule was served on him commanding him to appear in the circuit
court of the United States, at Richmond, on the twenty-second day
of September, eighteen hundred and eighty-seven, at eleven o’clock
ante meridian, and show cause why he should not be fined and im-
prisoned for contempt of court; and
«. Whereas the said John Scott, declining the assistance of counse]
tendered on behalf of the commonwealth, preferred to defend and
justify his action under the act of May twelfth by his own written
answer as filed in this case, and which went up as a part of the
record to the higher court, in which he contended, as one of the
grounds of his defence, that the equity suit in which the proceed-
ings against him had originated was a suit against the state of Vir-
ginia, and only nominally and evasively against himself as an officer
of jhe state, in which he could not legally be held personally liable;
ane

Whereas, in accordance with that contention, the case against him
finally was decided by the supreme court of the United States: now,
therefore,

1. Be it enacted by the general assembly of Virginia, That from
money not otherwise appropriated, the treasurer is hereby ordered to
pay a fee to.John Scott, of Fauquier, for services as counsel rendered
fo the state of Virginia, two hundred and fifty dollars.

2. This act shall be in force from its passage.