The New York herald., 1871-02-02
T He COU R T S.
Violation Of the Internal Revenue Law-Charge
of Passing Counterfeit Money-Expul-
sion from Society-Important
to ADMINISTRATIONS.
UNITED STATES SUPREME COURT.

DCcisions-voIunteer Officers Entitled to
Transportation Pay and Allownnce-Lands
Sold for Direct Taxes Subject 10 Redemp-
tion.
WASHINGTON. Feb /, 1871.
No. go. The United States ps. Joseph W. PYace-
Appeal from the Court or Ci0ims.The claim in this
case was for transportation pay from the place of
the discharge Of Price, lieutenant or volunteers,
to the place OF his enrolment, he having been dis
charged at his own request upon surgeons certif-
cate. The government resisted the claim, insisting,
first, that officers discharged at their own
request are excluded from the benefits
Oh oI 10, ihe v allowance II ana second that tns
army, and Is not. In any case, due to volunteers.
The Court OF CLAIMS ruled that proper constrnc-
don OF the later acts on the subject would give to
volunteers the pay and allowance claimed in this
case-tO WIT, one days pay ana allowance for eacn
to the place Of enrolment. The Judgment In the
case was Tor 1924, and, as this Court divided in
OPINION IN tne case, Inc Judgment OF the Court or
claims Is affirmed ana remain the law ON the sub
ject.
rhe drain upon the treasury viii be immense as
tne Attorney General conceded III the argument that
II applies as well TO private soldiers as to officers II
II applies to either and that many millions would be
required to meet the claims.
No. 90. DOlo7sey pS. Nutt-Appedl from the Court
or Appeals or Vtrgtaia.-This was an action to re-
certain lands Alexandria county. Va, which
had been sold for direct taxes during the The
decree below was for the claimant and II is affirmed
Dy THIS Court Dy DIVISION IN opinion the queS-
tons presented by the appeal
CASES SUBMITTED WITHOUT ORAL ARGUMENT
No. "a. The United States vs. The Heirs of John
Lyad-Appeat rom the District court for Loutsi-
ana.-Ths is proceeding under the act OF June,
1S60 to establish the appellees title to certain land
under grant from the Spanish authorities in
that part OF Louisiana between the Mississippi
aud PerdidO rivers, and which was claimed
and neld by Spain as portion OF her province OF
West Florida alter the oession OF Louisiana to the
law presente by the records whether the lct OF
1904, which declared grants from the Spanish
vold was repealed by the act Of 1862 and me
Attorney General submitted that repeals by impli-
cation are not favored and that courts reluctant
to assume such an intention on The part of the
Legislature unless the late statute Is SO repugnant
to the former that 1t cannot have effect without the
repeal of the former. No reference Is made in the
Of 1865 to the act OF 1904 and the provision Of
that act must therefore, remain, unless repealed by
the conditions stated. The case was submitted on
the printed briefs.
No. 249. CaJe5 r. Marsh Us. The Board Of Super
ptsoTs Of Fulton county, M-Es7or TO The Circuit
court for the Southern District or UtnOts-This
was another OF those Western actions brought on
municipal bonds. The bonds in this case were
issued by Futon county, payable to the Central
DIVISION OF the mississippi and wabash Railroad
Company or bearer, the coupons being payable TO
the holder Tn defence was that there was no vote
IN favor OF the company to which the bonds were
issued, and hence there was no power IN the Board
OF Supervisors to issue them; and as they were
issued by the Clerk there was certainly no authority
for the act Many irregularities in the Issue Of the
bonds are alleged. The Judgment below was for the
defendants here and against the validity OF the
bonds, and the holder brings the case here, where
it was now submitted on printed briefs.
No. 215. George B. StoUdu Us. +. A. Banks ct. al
Error to the District court of Georgta.-This is an
action of covenant on administrators bond. The
estate In question was the property Of Alfred Ew-
bank, citizen Of Georgia, VINO died in 1885, Alfred
Ewpank was the son Of Thomas Ewbank, who, after
Ewbank died inestate and without issue. and the
plaintiffs claim. as his legitimate brothers and Sis
ters OF the half blood and as such TO be distributes
Of the estate. Their claim is resisted the ground
that they lllegtmate by the laws OF North Caro-
lna where the marriage OF their parents took place.
and 1t is urged that the legitimacy determined by
the law OF the State where the marriage was solemn
tied. Submitted on the printed briefs,