The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-12
gsppr1II. DISPATCHES TO EVENING TELBGRAPH.l
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gspnr1AI, DISPATCHES TO EVENING TELEGRAPH.l
W AsHNGToN, February II.
The Speakers Last Reception.
Sneaker Colfax announces that, on account Of
ahe certainty Of night sessions after this week,
me will give his last reception on thursday next
The Test Oath.
Tbis morning Chief Justice Cartier, of the Dis
frict Supreme Court, delivered the opinion of
the Court on the application OF Allen Is. Magru-
der and other eX-Rebels, for admission to the
bar connected with motion to rescind the
rule which provides that each applicant Tor ad-
mission TO the bar shall before pelng aomltted,
fake and subscribe the Lawyers Test Oath.
The Court denies the motion, holding that the
decision Of the Supreme Court of the United
States determining the unconstltutionallty of
this rule is advisory not mandatory, and must
be received upon the conditions upon which 1t
was sent.
that majority of that Court counsels the con-
domination Of the rule, while minority of one
less than the majority counses its support
leaving this Court to form its own opinion
without any substantial aid from the de-
Cision. II We We're to adopt the con-
clusion of the majority, it would be
at the expense of condemuing law of Con-
gTess, substantially upon the opinion of single
Justice of the Supreme Court; for the judg-
ment, after ALL weighed in the balance, is re-
duced to the opinion of one Justice-a result,
however binding, not very expressive of wis
dom when applied to the condemnation of
law. In January term, 1895, the Supreme Court
of the United States, through Chief Justice
Marshal refused to take up the case of the
Mayor Of New York VS.. George Min and Geo.
Bricur the Commonwealth Bank of Ken
tucky-9th Peters, S5-because the Court was
not full, in consequence of the resignation of
Justice Duvall.
This controversy of judicial opinion largely
attributable to political excitement, demon
strates that the question in controversy is so
involved with political considerations as to
render it eminently proper that 1t should be
referred back to the political power of the
nation, and the law-malSing power which
created be consulted on its modification or
repeal.
1t is question for legislation, and not for ad.
Indication. The inherent right of each Court tC
regulate its own rules of practice, including the
Rerms Of admission OF attorneys and dismis
sions from the bar, has come down to US un-
questioned through The long life of the
common law. An appeal will be taken from
the decision of the Court TO the Supreme Court
of the United States, and it is believed that an
attempt will be made on the Democratic side oi
The House of Representatives to impeach Judge
Cartier for resisting the decision OF the Supreme
Court Of the United States.
The COnOver Perjury Case.
The counsel OF Sanford Conover, alias Charles
"A. Durham, who was convicted yesterday OF
perjury in testifying before the House Com
mittee on the Judiciary with reference to JET
1erson Davis, have moved for a new trial.
Raising Salaries of Officials.
Mr.. Hooper will offer bill raising the salary
OF the General Appraiser of the Port of New
York to $30OO and that of the Assistant APP
praisers at Portland, Boston, Philadelphia New
Orleans, and San Francisco TO $25O0 each.
The Boston Appointments.
George Bancroft's friends say he will accep,
1he Collectorship of Boston If he can be con.
Hrmed, and that Mr.. ,Kingsbury will be ap.
pointed Naval Officer at Boston.
More DilatOry Proceedings Expected.
A motion to postpone Mr.. Eliot's LouiEIan,
Provisional Government bill until Tomorrow
was lost by large majority. The Democrat
show O disposition to nllbuster against il to-day
and hinder its passage.