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The Judges of the Court of Common Pleas, and the lawyers who argued this case in either court, differed widely upon the question, whether money raised by local taxation by the City of New York, under the authority of the State law, for the maintainance of the children of the Shepherd's Fold, was, or was not, "money of the State," and therefore included in the terms of this prohibition; and when one sees how much is done in the discussions of the able counsel before the Court of final resort, and by the learned opinion of Judge Rapello, to reconcile these differences, one can not but wish that the Old Bay State had a similar Court of Appeals, to revise and clarify the decisions of her Supreme Court.
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