Evening star. [volume] (Washington, D.C.) 1854-1972, 1870-04-20
THE LEGAL TENDER CASES.
Important Decision by the Suprenr
Court.
The Cases net TO be Re-opened

The Chief Justice having announced the cases
of o. B. and o. 5. Latham vs.. the United States,
and Israel Demming VS.. the United States, rs
being the next in order on the calendar, the
Court, he said, had ordered that they be heard
together.
Mr.. Chatfeld, of counsel for the appellants,
arose and said: The appellants in the entitled
causes being desirous not to trouble the Court
with any further consideration Of them, take
this occasion to withdraw the cases from the
docket, and respectfully ask that the appeals
therein be dismissed.
The Chief Justice.-Do understand motion
Is made to dismiss the appeals?
Attorney General Hoar.-I 30 understand It.
l understand the appellants abandon the cases,
and meye to dismiss the appeal. 49,.
1 do not know whether any previous intima
tion was given to the Court OF this motion, but
none was given to me until came here this
some trouble had known it, and have pre-
docket = . s.- .--lF
1 desire to say to your honors, as have said
regard az Of great public Importance, and it
the cases are within the control of the Court,
hope hearing will be granted. 80 =
1 DO not know whether the permission Of tn
Court to the Attorney General (my predecessor
TO be heard on behalf Of the United States Ia
Hepburn vs.. Griswold makes mo in any sons
entitled to q standing in Court, upon . notio,,
which 1 understand has been made by thu
counsel, that Hepburn and Griswold shall b..
itself reopened for argument.
L wish to state one reason, and Q peculiar
reasOn-the force of which think your Honors
will appreciate, and perhaps all concur with IN
in-aRd which applies alike to these cases and to
the case Of Hepburn & Grswold. 1t is this:
nIi IN my view the constitatonality OF the ae
dcc:dcd by ths people Of the United States BY
an amendment to their Constitution, and that
your Honors have not considered or expires ,ed
any opinion whatever upon that question in the
Judgment announced in Hepburn & Griswold
Ii is not adverted to, az I find, In the opin-
ion OF the Court. The point was made, but how
reflection and examination, it has seemed to me
point, which, the least can say about it is
that II Is worthy the consideration Of the Court;
and upon that ground, II upon no other, i should
desire that the Court should in some shape, j.,
some case at this term, hear MS upon the ques-
ton.
Justice Miller would suggest, in view of
the importance of the question, and the readi-
ness of all parties to argue it, that the Court
should retire for consultation in regard to the
proposition to dismiss.
After brief conference on the bench
The Chief Justice said:-"The Court will take
this matter into consideration, in the consulta-
ton room, and announce the result in q few
minutes"
The Judges then retired to the conference
room, and returned in about i've minutes, when
The Chief Justice sald:-"I am instructed by
the Court to say that the motion to dismiss the
appeal in the cases Of y. b. & O. s. latham VS.
the U. s., and Israel Demming vs. the ~. =. is
allowed, and the cases are accordingly dismissed.
In this resolution the Court are unanimous"
In behalf Of the four Judges who are now
present, and who cOncurred In the decision i'm
the case Of Hepburn VS.. Griswod, 1 am author
lied to say that the petition for rehearing Is no.
concurred in by any of them, and the petition IL
therefore disallowed.
Mr.. Justice Bradley wish to say that in ths
Courts of Error In the State where have been
In the habit of practicing, the right to dismiss
an appeal did not exist on the part of the appeI-
liant, nor on the part Of the plaintiff in error
without the consent of the other party but tn.
members Of the court inform me that the prac
my opinion.
Justice Miller.-I will state that the court
Pounds its conviction in this matter upon the
any discretion.
The refusal to rehear leaves the decision as il
was heretofore made in the Hepburn Griswold
lse.