The New York herald., 1870-02-11
gs.TfD STATES SUPREME COURT.

Tho Treasury Cotton Cases-Thc Dato Of tho
Close Of tho Rebellion to be Determined.
WASHINGTON, Feb. 10. 1879.
No $40. The United States ps. Henry Gross.
neYer--Appsal Jf'om The Court Of Claims. This is
one Of q number OF cotton cases now ON the docket
or the court several OF which are heard in conjunc
lion with IT, The claimant IL citizen OF the United
States and now resides IN the cisy OF Washington.
Tho Court OF Claims found Oh the hearing below
that prior to tile rebellion Grossmeyer was resl-
dent OF New YORK, and that he had on several occa-
sions advanced money TO one Einstein. resident VI
Georgia, tor the purchase OF cotton on
JOINT venture, and also as loans. At the
breaking out OF the rebellion there were
several thousand dollars due from Elnseln TO
Crossmcyer, which, through friend who passed back
and Iortn several tlmes the latter directed should
DC invested IN cotton ana held for his benefit until
alter tue war; and II was so DONE fory-egnt bales
being purchased and placed IN u savannah ware
house for GrGssmeyers account but not IN his NAME
10 AVOID seizure anu contscation b, the rebels Tue
cotton was Captured by Shermans army ana shippeo
TO New York, where 1t was sold and the proceeds
tas suM was brought 70 recover II. The court also
found that the claimant never resided wltnn the
reDe sway ana had never given AMI and comfort 10
the rebellion, Dut mad aiways aohereu 10 the loyal
| side The special counsel Tor the United states
raised several 0bJecslons to the recovery, among
which that ownership was not proven witnln
| the third secion OF the act Of March, 1858; that
| loyalty was not proven within the third Sec
1868, and that the claim was not preferred
within TWO years after the close or The
anS S ns aS s 81 ns coa
held, CbleI Justice Casey delivering the opinion,
tnat the act conIerrng jurisdiction In such cases
upon the Court OF CLAIMS required only that the
proof OF ownership and loyaity should be TO the
satisfaction OF the Court In the exercise Of SOUND
discretion and that the ciaim preferred WITHIN
the statutory time the close or tae rebellion being
the day VI the Presidents to that effect
dated August TO- 1860. The Court were OF the opln-
II n rpttpl.
lion" describe political condition aud not judi
cial act and mat IT belonged " the political depart
the decision VI that department., when promulgated,
ls binding upon the courts. In TINS view II was
or the war by proclamation, and that Congress had
recognized that date as the proper one by
the act .of me "a March, 1867: From tins
was now heard, t0getner with No. 900, The UnlIed
s .ates Vs. Morris konn, Tor the sum OF S109771 20;
the sum Of $1,000; No. $50, the United states vs..
Nelson Anderson, for SO, 723 SO, and No. 1858, the
SOL ,G38 49, Mr. Robert s. Hale special counsel for
me Treasury Department. appears for the govern
%mien. % % ana & y. =: Kiduie +: J. y: Fuller, Jonn A;
claimants.
No. 359. 7ne United States vs. Norris Kohn-Ap-
the cotton cases, under the captured and abandoned
property. act OF 1858, which are now In course OF
before the war cilizen OF Georgia. doing business
az Rome. The court below found thac as early as
May. 1852, the claimant was the bona nae
owner OF 1S2 bales or cotton, which In June,
1854, was seized by the military ana turned
over for sale by 1ne Treasury Department, the pro-
ceeas amounting TO Slo9,777 20. IL was also iound
that he had been constant adherent TO the Un ted
States and had gwen no countcnance TO the reDel-
hon. The claim was filed october Il, 1867, and the
Court rendered Judgment III favor OF the claim
ant, Notwithstanding the objection made by the
special counsel OF the Treasury department that re-
covery barred by limitation or the act under
which the case Is brought. The same question II
raised on the argument here concerning tae date At
which the statute Of limitation began to run as was
made IN the case OF GrOssmeyer, recently stated.
The statute says suit may be brought at any time
beliOn," and the result Of the inquiry must there
fore, be determination by the Court when the re-
beiOn was suppressed and the war closed.