Board of Public Works v. Gannt

Citations

• 76 Va. 455
• 1882 Va. LEXIS 51

Syllabus

<p>1. Sovereignty.—It is an established principle that a sovereign cannot be sued in its own courts, or in any other without its permission. This principle applies to states of the union (except as to controversies between two or more states—U. S. Const. Art. III, § 2, clause 1), as well as to the United States governmont. And it may, at any time, revoke such permission even as to antecedent contracts, without impairing the obligation thereof. See 11 Otto, 338. Even when judgment is rendered, she may determine for herself whether she will pay it or not. Ib. Though in form the suit be against officers or agents of the State, yet if in effect, it be against the State itself, this principle applies.</p> <p>2. Idem—Case at bar.—In February, 1881, Board of Public Works of Virginia sold State’s interest in Atlantic, Mississippi and Ohio railroad for $500,000. In February, 1882, legislature ratified the sale. By act of March 5,1882, $100,000 thereof was appropriated to Normal and Collegiate Institute. By act of April 21,1882, board of public works was directed to pay this $500,000, when received, into the public treasury; $100,000 thereof to the credit of the State board of education for the benefit of said institute, and the remaining $400,000 to the credit of the public school fund, subject to the draft of the State board of education. In June, 1882, G and R filed their bills in the circuit court of R, representing themselves to be creditors of the State, and as such entitled to have the said funds paid into the public treasury to the credit of the sinking fund, in conformity with the act of March 30,1871, known as “The funding bill.” They claimed that the acts of 1882, appropriating said funds to educational purposes, aTe unconstitutional and void, as being in violation of the contract made with the public creditors by said funding bill; and prayed that the board of education be restrained from taking possession of said funds; and that the commissioners of the sinking f