The New York herald., 1870-11-08
UNITED STATES SUPREME COURT.
Deming y. Tie United STANDARDIZATION 10
Open the Legal Tender Case.

Deming Tie United STANDARDIZATION 10
Open the Legal Tender Case.
WASHINGTON, Nov. 7, 1870.
Information has been received that Chef Justice
Chase continues 10 improve in health and expects
soon TO resume his seat ON the bench.
Mr.. Edward Larder was to-day permitted TO enter
his appearance as counsel in the case OF Israel
Deming W.. the United States. II IS an appeal from
the Court OF Claims. He asked leave to ne a mo-
ton restore The to the docket OF the court for
argument and decision. lie directed To file his
motion, ANA the argument was set down for Friday
next.
The mot on is based on the allegation that Latham,
a claimant IN similar case to whom Deming had
given power VI attorney 10 sell assign his clam,
signed the motion to dismiss The appeal In the case,
without authority TO do so and without the know
ledge or consent OF Deming, having prevailed upon
peining's cougsel 10 consent 10 the proceedings
by the representation that arrangements had
Deen made TO secure the payment oi the claim by
Congress. That arrangement having iaiied tins mo-
don is now MADE. Claimant, however, asserts IL
4 would have been made at the last session Oh the
court but for the immediate adjournment after the
| order ol dismissal. Although TINS is called legal
tender case, because The claim Is Tor the difference
! between paper and gold values stlli the ablest
lawyers at this bar declare there Is such question
IN the case Tor the reasen that DelDing accepted the
ega, teAlei3 when Qlered TO him. This ACT, It is
said IN deernine the case against the CAIN with
! Out at all going INTO the legal tender question.
IL Is known that an andayit was Id the hands OF
the Chief Justice 10 The erect tha, last spring one
Howard, then stopping III No. 20 Jenness House, IN
tis city, and WHO represented the Interests OF the
Pennsylvenia Central Railroad Company, offered to
| Demng or his counsel the full amount of his claim,
with interest," costs and counsel fees, If his counsel
I would consent 70 nave ms reinstated the
docket, The railroad company having, alleged,
large bond interests which would be beneicIaiiy
affected by renewal OF the decision OF the
| Court III iile Grlswo,d case; and II this
motion To renstate the case Is the result of the
ceptance of tllat proposition, In effect an assign
ment tnen the claim VIII fall, because, by the stat
ute an assignment IN such case Is iatai 10 the
clam. IL Is iurtaer known that AZ the time or the
I withdrawal Of their appeals 10y Latham ana DemlAg,
aud before their consent TO the dismissal tnev
were advised and satisfied that it better for
Them " 50 10 Congress with their claims, it was
PROBABLE That theg might nj last have to go to that
BODY, without having their interests Dreudlced by
Judgment OF the court against them any OF the
points winch might be presen ed. Hence Their
III withdrawing irom lhe courts. The ot repeated
story, mat Messrs Brown Bros. u 30. induced the
claimants To Withdraw their SUIT by paying their
claims. is wholly without foundation.
me mandate IN tnlS case went forth Last Nav, and
no case VIII, III The usual practice OF the court he
\ restored 70 The docket alter ,he issue Of amandatc
therein unless Tor strong reasons shown. The
4 amount involved IN this case Is only little over
! three Thousand dollars.