The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1870-04-29
DAILY PRESS.
Friday Morning, April 20, 1870.
PcHIIAANp,

THE WITHDRAWN LEGAL TENDER Cas-
Es.-There is still good deal of curiosity at
Washington, as well as elsewhere, to know
what induced the plaintiffs in the cases of De-
ming and Latham against the United States,
to withdraw them from the supreme court ,last
week, and prevent reopening of the legal ten
derquestion. Just what motives were brought
to bear we probably never shall know, but
at any rate they seem to have been very eGec-
tual' and the result was good. The Deming
case was unimportant, involving only about
$4,000 any way. But that of Latham against
the United States involved a large sum OF mo-
ney, and considering the prominence it has
had, is worthy this full account given in a
Washington letter to the Journal of Com
merce -
In the case Of o. B. and o. S. Latham, the
claimants contracted with the government to
build custom-house at Buffalo, N. Y, and
another at Oswego, N. Y. The contract, made
in 1886, provides that they shall be paid in
" good and ta,cfal money of the United
States. An appropriation for the buildings
erected by the claimants was made in 1871.
"out Of moneys heretofore appropriated' a.
e. in 1851 and in full Of their claim" Suffi-
cient remained unexpended to pay the full
amount OF the claim. In 1868, Congress pass
ed special act TO pay the claimant S74 ,5S3.
being payment OF moneys remaining due
under his contract. The Treasurer Of the
United States paid this in treasury notes, then
worth but AZ cents on the dollar of the value
OF gold coin. The claimant demanded gold
coin, protested to Hon. s. p. Chase, then sec
retary OF the treasury, against being paid in
treasury notes. and brought action in the
court of claims to recover the damages there
by suffered. The court of claims decided "that
the United States notes so offered and receiy-
ed by claimants were legal tender in pay
ment of any debt due the claimants in the
premises, whether under the special contracts
set forth in the petition or in any other man
ner whatsoever"
From this decision, given in October term,
1864, the Messrs. Latham appealed to the su-
prtme court. The case was straight as a
string, and the facts could not be controvert-
ed or the legal tender question lodged in its
settlement. 1t would have been hard for the
court to declare against its payment. Why,
then. should the Lathams withdraw their
case? That question will probably remain
mystery, but the circumstances developed
since Thursday may probably explain it to
some minds. 1t would generally be supposed
that man failing to gain case, backing out
at the final test (which is always considered
an evidence OF positive weakness 10 the cauSe,)
would be depressed in spirits. In this instance
the contrary is the case. Mr.. Latham was
spoken to on the subject Thursday evening,
and seemed delighted with the result. "Are
you satisfied with the result?" asked the ques-
toner. Perfectly" said Latham, with sig
nifcant smile, and his subsequent conduct led
to the belief that he was not only satisfied and
delighted, but was perfectly jolly over it, and
would much like to have more cases of the
same kind. The matter as pertaining to a fu-
ture decision of the court and these cases,
stands just like this: the court of claims have
decided against all claimants, and the supreme
court dismissed their cases, they are settled
forever. No court can again touch them; no
appeal can be made. A new case, or new cases,
can be brought, but it will require at least two
years of time to get them before the supreme
court. There is no case of the kind either on
the supreme court docket or in the court of
claims.