The national Republican., 1867-11-09
THE COURTS.

SUPREME CouRr or THE DISTRICT or CoLUr.
BiA-GrSsKAL TIRN-Cnfsr Justice Cartier and Jus.
ffoes Wyifs, Fisher and Ofn sitting In bdHc yester-
day transacted the following business
ms CALIFORNIA LAsD CASE RESUMED.
1mmedistely upon opening, the curt resumed the
consideration OF case
7st Equity. whitnsy VS.. FrisbIe.
Hon J. walker oessPled the Day In the closing
argument for the plsiltiH
under which tie Vallejo claim to lands valued At
ave millions Of dollars was iaitatsd II was gross
.as PsSsy %
the common law Of California And yet the elsim
Of the d fsnd,nt had root In this fraud md he was
the agent Of the claimants under It, He had made
5, 900 fi,shoods in a fsw psges
But II was said that the act OF Congress which had
lnterventd, wiped out the fraud, and made valid
the title II had been asserted too. that on an act Of
the Legislature could not be impeached for fraud.
II had been decided In the case Of the notorou. YsIoo
sLsn S.S,sns. very ,sh%. nnnT,. Of lobby l,sps
the hamss-tbst while the motives Of the Legislature
| could not be iudio'siiy imPesohed, yet the fraud
could be reached By considering the act Of private
individuals. sinesths time Of Lord Coke, an act Of
PArliAment, royal Letters patent, or anything else
yi,iatsd BY fraud could be set aside by courts Of
He contsnd.d tha, the spirit Of the Congress which
had passed the act Of 1868 excluded the eonstruo.
on Of that act which the defendants counsel sought
| 10 give H. That glorious Congress which had passed
| the Homestead bill that had added already three
ststss and ten Terrltore. to the Unie sad which
destined TO continue ts bensncent ipnuence for
| centuries 10 come until every inch Of land from
| ALASKA to Cape Horn should be peopled under Il.
Judge wiley remarked that all his colleagues
were members OF that Congress
The Chief justice was willing TO surrender his
share Of the compliments
Mr. W. said that he had forgotten the fact. He
was not used to compliment gentlemen to their
faces
He resumed the thread Of his argument. Con-
tending that thse was no case In which settlements
were made under terms similar 10 those In the Aot
Of 1885, that they not held to be to the
| general pre.empiion system.
| Mr.. W. reviewed at some length, and with great
iearnirg, all the cases In which the bounty Of the
Government had been extended TO parties who held
bona fie claims TO public lands founded on grants
from parties whose titles had been adiudsed void By
| the courts. Tho cases Of the English and spanish
titles In the extension Of West Tlorda Of iona fds
| purchases under tbs fraudulent YAIoo giants In
dsorsia and Of the bsneholares Of the act for the
hsIsht Of the sufferers BY the New Madrid earth
quake were passed In review, and he eontended that
the principles on which suits brought under these
acts were decided In direct conniet with the pos
tious tAkeu by the counsel for the dafendaut
The Jurisdiction Of this court In this case was sus .
tansd BY the whole course Of equity procedure aud
precedent here and In EpglAud.
/ He eoheludsd review Of the whole case, and tie
equitable doctrines applicable thereto.
| At the close Of Governor walkers argument, the
/ court took the papers and adjourned.
The Bradley Fisher case will come up this morn
Ing