The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-11
THE LEGAL TENDER QUESTION.

Tho New Position of the Cascs-who Are the
Parties in InIerest-Facts aud differences.
WASHINGTON, Nov. Q, 1870.
The public interest manifested in the result OF the
motion now pending before the Supreme Court to
restore to the docket OF the court the case Of DEM
ing against the United States renders some facts
connected with the case, and not generally known
VI unusual Importance
Immediately after the case together with that OF
Latham) dismissed, on motion or appellants
counsel, o Philadelphia lawyer, named Howard, an
agent counsel some OF skirmisher OF the
Pennsylvania Railroad Company, and known TO
be such In that city, arrived here. ana, STOP
ping at the Jenness House, left the city again
the day before the adjournment or the court.
AS has been published In the HERALD, this party
was believed to have offered Demin2. on behalf or
the railroad company, the whole amount OF his
claim costs, interests and counsel fees, If he would
consent TO renstate the case; and AFFIDAVIT to that
effect was then lodged with the chief Justice. And
this harmonlzes July with the allegation or Demlng
now-as the basis Of his motion-that his counsel
was induced to consent to the dismissal by Lathams
representation that Congress would arrange III and
again, that he should have moved to relnstate the
last spring but for the early adjournment OF the
court after the dismissal. Thus 1t seems that after
consent TO DISMISS the appeal in the case on the sup
position that Congress would pay the claim, IL was
proposed TO move for restoration OF the issue 10
the docket, without waiting whar f any thing
Congress was willing TO do; which would appear
strange, indeed without some such for tie
proposed action as That imputed in the affidavit
alluded 10.
company III question Is the real party now seeking
to have the legal tender question reopened, though,
company viii be nowhere visible IN court Dem,ng
beng used as their stalking horsen The mus
becomes IN reality ''hcutious'' one, the railroad
company being interested 70 get reversal or tue
legal tender decislon and the United States beng
interested Qf Mr. Hoar was at the time to be taken
TO represent It's Views 70 MAINTAIN the validity as
tender grcenbacks Both paroles now tplain IiY
and defendant aikel seek to bring ABOUT the same
result. such suits Court Will enterCan; tley
are contempt OF court" ana upon the intmaiion
OF such state OF things etforE will doubtless be
made 10 ferret out the truth.
or course. II the railroad company Is the reai
party IN interest hearing VIII be sought or viii be
accepted while the Chief Justice ana Mr. Justice
Nelson are absent: Tor they were OF the ma 0rity
who declared greenbacks no tender If Dcmng
is the real party at present Interested, hearing VIII
be sought, to be Kept OF until the return those
two members or the Court; TO- Demng's interest IL
TO have the legal tender decision sustained. And
Unless the Court reairns its recent Gecision Dem
ing's clalIn TAILS, even II 1t gooa notwitstand-
Ing his having accepted the grcenbacks when ten
dered TO nm by the officers OF the government.
How then, his case Will be any stronger by the
airmance OF that decision Is not seen, and why
versal Is still more obscure. suppose the
Court should reverse the Judgment OF the
Court Of Claims on that point, and nod that his ac-
present constituted, II should reverse the iul beach
declSion aud decide tnat he was not entitled 10 de-
mand gold, but that the greenbacks were sufficient
tender Ii he WINS OH the technca question lie will
lose ON the merits, The main question. But IN
the court should alrm the Judgment OF the Court OF
Claims on the technical question, chen 1t would not
proceed 10 the que ton the merits al all Tor that
would be 0bsef.
TINS particular point was the one which first
induced the withdrawal of the appeal last spring.
General Cnattied, OF yo-r city, came on here as
counsel In Latnans case. Being very snreWd
lawyer, he took soundlngs before he proceeded.
Tue best advice lie could geI, and what deciued him.
was this:--
suppose you go on with your case and majority
OF the court decide with you or for you Oh the ques-
OF your acceptance aud then decide against you
on the main question. reversing the late decisiohy
This was after the accession Oi Justices strong and
Bradey.) You Will then be RENTED TO Congress
and win have your clam prejudlcea by Judgment
OF the court against You which would proDaoly ne
fatal You show III court for you VIII
Tail on one point or the other, ana you had Detler
preserve your claim unparalleled. SO thought
General Chathed, so thought Deming's Counsel
on consultation, and 50 thought they all. And hence
the action taken at that time. what new iiglit
Deming got soon after t4at made him desire 10
hazard the chances Of decision anu Wnlcn causes
HIM to seek one how IS not known, except as IL Ill
Gated above.