The New York herald., 1871-05-02
uMIee STATES SUPREME COURT.

Docisious-Tho Constitutiouaiity Of tho Legal
Tender Act In Regard 20 Pre-existing COn-
tracts-Coin Contracts Observation-Disclosures
of tho Internal Revenue Laws Over tho In-
dian Territory.
WASHINGTON. May ], 1871.
There was large number of the members Of the
bar present at the Supreme Court chamber to-day,
including Solicitor General Bristow and Senators
Trumbull and Cole, as 1t was known the Court
would announce many opinions prepared during
the weeks previous to adjourning until the
the 10th OF October next. All the judges were on
the bench with the exception OF Mr. Justice NelsOn
who is absent from the city. The Chief Justice re-.
were announced by him. At three O'Clock Mr. Jus.
ee 1es sr pa a e bys
loWs:-
In these two two question. heretofore directed
the Legal Tender constitutional to contracts made be-
s ITS a ss1s to
sered By the Court and both have been decided the
m dis,ss rssRs%s
@ .s: a the the S s n % Of .ss a
srmed The Chief yustice with Associate Justices Seson
hs aa
that repngnan, the constitution void ap.
close Of the adjourned term.
In Dunning vs.. Sears and others two cases
from the Supreme Court OF Michigan. the contracts
for the delivery or specified weight of gold,
valuable as coined money The court below held
OF Treasury notes equivalent IN market value
to the value OF coined money OF the stipu-
lated weight OF pure gold. This Court reverse that
Judgment holding that 1t should have been entered
for coined dollars and parts OF dollars, In accord
and Butler vs.. Horwitz, Wall, 22o and 1885,
Mr.. Justice Strong delivered the opinion:
was whether the revenue tax on the claimants to.
bacco was legally laid, the claimants being indanA
within the Indian country. The Court sustain the
laws over the Indian Territories only as to liquors
and tobacco In all other respects the Indians are
exempt. AS regards those articles only the same
The burden must rest somewhere. Revenue
Is indispensable to meet the public necessities
Is 1t unreasonable that this small portion of 1t
might otherwise be perpetrated there by Others
with and without the guise OF Indian names, and
simulated ownership is also a consideration not
without weight. No tmputatlon is made, say the
Court, upon the claimants. In case not free from
doubt and difficulty they acted under an honest mis-.
apprehension OF their legal right The Judgment
below was affirmed. MI. Justice Swayne delivered
the opinion or the Court Justices Davis and Brad
ley dlssented.
In the case OF the Baltimore and Ohio Railroad
Company against Hanes the question was whether
the courts Of this district had to try the
action which was for personal injuries TO the plain
TIL. The decision Is land In respect OF 1t the COurS
entertain no doubt that by the acts OF Congress rel
alive 10 the af1atrs OF railroads In the District OF
Columbia the cOmpanyls made liable here the same
0s II IN an independent CORPORATION OF the District.
Mr.. Justice Swayne delivered the opinion.
A number Of other cases OF minor Importance
were decided The civil rights case from Kentucky
the case involving the constitutionality OF Mr..
Drakes amendment against the consideration Of the
effect Of pardon and amnesty In cases under the
contract cases and certain slave contract cases go
over to the adjourned term Tor decision.