Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-07-11
100000 of 5-2O's to be Alb
sOrbed.
r.. i'll. Dana as Alabama Claims
Arbitrator.
A Move by aancock's Friends.

q late meeting of his friends it was agreed
/ TO contribute one thousand dollars each
| in case of his nomination, and to raise
| the sum to one hundred thousand dollars
| if need be.
Important Decision of the Court of
Claims,
The Court of Claims, before the late
| adjournment, decided q case bearing on
certain private rights and redress of citi-
l zens against the government which will
| affect large number of cases now pend
| ing. Elias and Morris Brown brought
| action in the Court of Claims; whereon 8
decree was rendered April Is, 1868, ad-
| Judging them entitled TO SO, Co., A, being
| the net proceeds of their captured prop
| erty, found by the court remaining in
| the United States Treasury. The
| Secretary of the Treasury assumed TO an
null the decree of the Court, and paid on
ly portion of the judgment, leaving
| $723 80 unpaid, wherefore the claimants
| brought action for this amount due upon
| the former decree. The defense of the
| United States in this action was, first,
| that the Court of Claims had no jurisdic
4 ton, because its power was exhausted
when it had passed upon the amount due
the claimants for the Captured and Aban-
| doned Property Fund, which is special
| fund, and it could not award any pc rtion
of such amount to he paid from the gen.
| eral appropriation for the satisfaction OF
DEGREES for other purpose. Second, that
| the United States are not liable for the
mistake, malfeasance, or neglect of its
officers, and ought not to be compelled to
pay this amount from the general fund,
| if wrongfully withheld by the Secretary
of the Treasury from the claimants. The
decision of the Court sustained the ques-
| ton of its own jurisdiction on the ground
| that Judgment was an implied contract
of which the Court, under its organic
law, had jurisdiction; that this proceed
ing was not under the special laws relat-
ing to captured and abandoned property,
| and that the decree in the present
case was not payable, like ;. any
| other general decree of the courts
from the general fund. Touch
| ing the second point of the defense of the
Government, the court says: "The Court
| of claims was established to give legal
redress to the citizen as against the Gov
ernment where he would have had legal
redress as against another citizen. We
can not give legal redress except upon
legal principles; we cannot sustain de-
Tense on the part of the Government
where, if set up by an ordinary defend
| ant, it would be held Illegal, inequltable
and unconscionsble. What would be
said of bank that came into court while
/ bo11 ha f,1nIc of q AoyNpcitnp
and pleaded that the refusal to pay over
| was the tortu0us act of its CASHIER What
would be thought of q common carrier
who, while retaining possession of any
| goods, pretended that the conversion was
merely the wrongful act CT his agenll
| Such is the position of the Government
! on this suit, Withholding money that does
not belong to ii, insisting that the wrong
was its agents, though done on its behalf,
and that the owner is without a remedy;
to allow the money of a citizen to be
kept in the public treasury without his.
fault or neglect; to sanction public Of
fcers, through mistake of law, In taking
private properly against the legislative
will; to permit unlawful acts to control
the law would be to annul the highest
purpose of Congress in establishing this
| court
The Judgment of the court is that the
| claimants recover of the defendants the
sum of $723.32.
Secretary Boutwell, has heretofore held
| in these cases that he could not be affect
ed as a private citizen, but that as an
| executive officer he could review the case
| and pay the claims in accordance with the
showing on the books of the Treasury
Department.
Tax on Railroad Dividends.
Commissioner Pieasanton, some time
ago, decided that the tax, at the rate of
five per cent, should not, under the law,
be collected for the last five months of
| 1870 On dividends of railroads and other
corporations. The Secretary of the Trea-
sury subsequently reversed that decision,
and ordered the Commissioner to assess
and collect the tax. The instructions of
the Secretary were at once communicated
to the local revenue officers. Numerous
communications have been recently re-
ceived from various railroad companies
and bankers, complaining of the severity
of the tax, and appeals are made to have
the collections RENTED or suspended.
The Commissioner, however, in view of
the instructions Of the Secretary of the
Treasury, to assess and collect the tax for
the last five months of 1870, does not
think it proper to make any delay in car
ryiDg out these instructions. The only
exception of the enforcement of these in
structions is in the case of the New York
Central railroad, An order has been filed
in the Office of the Commissioner of H.
ternal Revenue, either from the President
OF Secretary of the Treasury, suspending
the collections of this tax against the
above road.
Row Among the Doctors.
1t may be remembered that the Medi-
cal Association of this district recently
refused to admit to its membership DR..
Cox, of this city, for serving on the Board
of Health with DR.. Verd, Homeopathic
physician. AT a meeting yesterday they
expelled DR.. Bliss. another prominent
physician, for consulting with DR.. Cox.
After his expulsion, DR.. Bliss, when
called to account for his conduct, replied
that he should continue to consult, not
only with DR.. Cox, but also with Dr..
| CeguSta, COIOreu. Inc EeSClutiou VI tx
pulsion caused very excited debate, and
the fight is understood to be one of
Union men in the Association against late
Rebels. 1t has been remarked to-day that
if the Association goes on this way ii
will soon expel itself out of existence.
The consideration of the report of the
committee TO investigate the charges
against members for violating the rule
, tOrbidding consultation with colored ply
sicians was postponed till next October.
PIeasanton's Letter to Grant.
Commissioner Pleasanton, last week,
forwarded to President Grant long let.
ter, giving his views of his duties as
Chief of the Bureau of Internal Revenue
and subjects which come under his di,
rect control and supervision, and claiming
that, according to law, his power ovel
internal revenue is as complete as that Of
Secretary Boutwell, over customs revenue
not, however, interfering with the dis
} | bursements, his duty being so to Instruct
the officers that the tax may be faithfully