The New York herald., 1870-04-21
THE LEGAL TENDER CASES.

The Appeals in the United States Supreme
Court Observation-Disclosures of Hepburn
vs.. GriswoId Rcfuscd-The Announced De.
cisiOn Stands as Law Until the Next ses-
sion of the Court.
WASHINGTON, April 20, 1870.
IN the supreme Court Of the United States this
morning Mr.. Cnataeld OF the counsel for the appel.
lants IN the case OF Latham and Deming VS.. The
United States, declared the appellants had deter
mined their own appeals IN :hese cases, and there
fore moved TO dismiss them and flied notice of with
drawal. There were present Attorney General noar,
Tor the United States, and Mcssrs. Chatneld,
McPherson and Merfiman Tor the appellants. Hon.
Ciarkson n. Potter also In by leave to dis
cuss the legal tender question ir heard After the
motion was made 60 dismiss, Attorney General Hoar
expressed his opposition to 1t. but desired, In
the Court concluded 10 dismiss these appeals to
grant the motion be made last week to rehear Mr..
PotIer's Hepburn VS.. Griswoid, which was still un-
decided. lie urged the argument ought 10 be heard
involving so many Important interests, and esDe-
caly IN view OF the fact thai The fourteenth amend
ment OF the constitution has ratied the Legal Ten
der act OF Congress- aud the validity OF this Of
the pubic debG TO the lu measure OF lis statutory
Qualities could 10 longer De questioned in the courts
Justices Miller and Bradley suggested doubts as
to tue rights oi the appellants to withdraw the ap-
peaIs and asked ior conference. Alter brief
announced that The Court would retire Tor COnsuta
uon, which tney accordingly old. They returned In
lew minutes. wnen the Chei Justice said the mo-
uon 10 disinlss the apbeai WAS unanimously con-
CURED In BY the Court as the absolute right OF tae
parties anu he AZ The same time ANNOUNCED that tue
Court mad determined to DENY the motion OF the
Attorney General for q reheafins IN the Hepburn
anU Griswold case. This Is the case In which the
court heretofore decided that the Legal Tender act
Is lnl aud as 10 contracts made before passage.
The ChIei Justice said the reason why the hearing
denied was that none OF tue four Judges now on
the bencn who cOncurred IN the opinion IN that
desired TO have The case reheard, and under
rule OF the court. wtnont the consent of some one
OF ine Judges who concurred In the decision OF
case, IL cuuld not be reaearI
Justice Bradley said according to fhe practice to
when he had been accustomed an appeal ON a writ
Oi error could not DC dismissed without the consent
the o.her party, bur practice OF the Supreme
Court was Otherwise nc hAd yielded cheerful cOa.
currence.
In one of these two appeal cases withdrawn THAT
OF o. Is. and u. y Latham vs.. Tue United StaIes)
Court oil Clalms had ruied. as conclusion oi law,
that the United states notes offered to aud received
o. the claimants were legal tender In payment or
any debt due tile Claimant III the premises, whether
dae under the special contracts set Ortn In The pe
ton or III any otner manner Whatever The special
contracts above reierfed 10 we've contracts LII which
the Secretary Of the Treasury, IN the years 1856 AID
1886 agreed on behalf of the United states TO pay to
the Latiams good and lawful money Of the coin OF
the United states, as above stated. Upon the call
ing OF these cases this morning the counsel lOr the
Oh their appeal moved to dism ss the same so Jnat
the 1uuginenJ OF TIE court Of CLAIMS, Including tie
point above stated, remains undlsturbed as q valid
Judgment Of the law Oh the land.
The action OF the supreme Court to-day in dis
missing the legal tender cases upon the motion OF
council for the planJns does not finally dispose OF
the question ut issue. 1t merely pOstpones the
Ject until the next term or the court when new
case. similar to the one dismissed wli come up for
argument. The announced decision OF the court
stancs however, as law until the next OF
court or until tne other case Is disposed or
Chief Justice Chase to-day announced that the
Supreme Court would adjourn Tor the term, or to
some future day TO he named, on saturday, ne 3Otn
OF April and that al motions Tor the next week will
be heard on the 2Gth after which day no arguments
VIII be heard.