The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-03-16
LEGAL rNrnLLrGnwcE.
$500 Worth of LibeI-Some SIander Also.
Nisi Prius-Judge Read.

In the case of John Sellinder VS.. Charles E.
School, which was an action to recover damages
for libel published in the paper of which the
defendant was editor, before reported, the jury
rendered q verdict for the plaintiff for $500.
Evan T. Knight VS.. Manuel McShane This
is an action of SANDER to recover damage for
an alleged false and malicious accusation of
theft made by the defendant against the plain
tiff. 1T appears that the latter was employed
upon q house in course of erection by the de-
fendant, who said he stole portion or the lum-
Der in order to use it upon an adjoining house,
which he, the plaintiff was putting up for
third party. On trial.
Sentence of Marley.
U. S. District COurt-Judge CadlcaIader.
Patrick Marley, who was recently convicted of
an attempt in the capacity of revenue officer to
compound seizure, was this morning sentenced
to six months Imprisonment and fine of $1,000,
or an additional imprisonment of one month.
Important Decision.
Recently decision was given in the Supreme
Court at Washington, d. c., which will be very
beneficial to soldiers discharged for sickness
from the United States army. 1t was ia the case
of an appeal from the Court of Claims:-
A judgment was given for the claimant below of
$780, claimed as bounty for enlistng in the volun-
teer service. The claimant private IN the Fif-
teenth Regiment OF Massachusetts Volunteers, being
enrolled and entering the service about the 18th OF
july 1861 and was discharged on surgeons certia-
cate of disability from sickness January g. 1863
The bounty sought was by General Orders from the
War Department OF May 70, resting for their autho-
rity the proclamation OF the President issued May
g. 1861. BY these orders, every man who entered the
service under them was promised when honorably
discharged the of Sl00 but the act OF Congress
OF July 22 ratifying this act or the President gave
bounty OF 500 10 soldiers honorably discharged, and
quent acts removed the two years restriction as to
soldiers discharged for wounds but not Us to SOL
diers discharged for sickness. Hence the Treasury
Department refused payment In this class VI cases.
The Court of Claims held the Presidents proclama-
tion the one side and the enlistment on the other
to have established contract, under which the
entitled to the bounty promised he
having been honorably discharged, no matter from
what cause and the judgment was accordingly. The
Government appeals, contending, first, that the
case does not show that the regiment into which the
claimant enlisted was ever accepted into the
vice OF the United States or the six regiments
apportoned to Massachusetts, under the prOclama-
tion; and in the second place, that the act OF
Congress passed subsequently TO the issue OF the
order under which the claimant enlisted ratified
and made valid the engagements entered into on
behalf Of the United States by the President only
far as those engagements were comparable with
the provisions of that statutes, and no further.
Consequently, the claim in this case being excluded
by the statute Is not valid, because as TO 1t, the
Presidents act was not ratified and rendered legal
The claimant contends that enlistments are con-
tracts and are to be construed ike otner contracts
The contract in this case is embraced In the proca
nation and the subsequent enlistment and this
being In writing, cannot be limited by any restric-
tlons raised by implication and not therein con-
tanned. A promise OF slOO ''when honorably dis
charged" does not mean "when honoraoly discharged
for wounds" or "when honoTa6ly discharged
surgeons certificate is as much an honorable dis
charge as discharge for wounds; ana discharge
after several months service is as honorable as a
discharge after two years service, II a mans const-
/ tuition gave way under the exposure and hardshps
| ola campaign life and he became unit to remain
longer In any OF these cases Government uses him
as long as he can work, and finally terminates the
| contract OF its own choice. The President ssuiAg
these orders through the Secretary OF War, had a
right to promise this allowance there being pre-
| ylous law on the subject. The emergency JUSTIFIED
the President in issuing the procamation for volun
teers at the time, when otherwise the nation might
have perished and II he had authority TO call out
the troops he certainly had authority 10 stipuate
TO their payment