Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-26
PHOTOGRAPHIC.
=. DOMESTIC NEWS.
! :, :. Evarts Likely to Succeed Hsh
The Legal Tender Decision
Income Tax ON State officers
W
WanderingS of Ulysses Grant
~ eHNNtk 80 81
. The CfeVaSSeS i'm louisiana
Railroad War at Peoria, iii.
StrangeSt Battle on Record
Railroad War at Peoria, iii.
Strangest Battle on Record
WASHINGTON.

1ooz concerning which there has been 81
much interest, viii be make known il
open court Monday next, in the presence
OF full bench. The opinions, however
Tor there viii be two, are not to be de
med until the meeting of the court mex
term IN December in order that the Judgsi
may have time to perfect them in cases OF
such magnitude and involving such i'm
portant consequences. 1t is thought thic
decision will be final, as the court will
probably hereafter refuse to consider the
points involved, lihasmuch as full
a bench will now participate in the judg-
ment The court will decide not only as
to the liability on contracts made before
the passage of the act, but those made
since. 1t is positively ascertained that
the decision will reverse the decision of
the court in the previous case by decid-
ing that the legal tender act is constitut-
tional, and that contracts made before the
war may be fulfilled by the payment of
greenbacks. - - : T e.
In this decision the court will stand as
follows: affirming the constitutionality of
the act, Justices Miller, Davis, Swsyne,
Bradley and Strong; against, Chief JUS
hce Chase, and Justices Nelson, Clifford
and Field. As TO the constitutionality of
the act, as applicable to contracts made
since its passage, there is some doubt how
the court will stand, although it is certain
that the legality of the act will be affirmed
as IN the other case, and perhaps by
r larger number of Judges. The court
Monday viii announce several other cases,
and will then end the term by adjourn
= ment until December. e.. 81
How 10 was Brought about.
WASHINGTON, April 25.-The Supreme
Court met in council yesterday, and de.
clded, by five to four, that the legal ten
der act did apply to contracts made be-
fore the war as well as those made dur
ing the war, and that it was constitutional,
thus reversing the decision of the last
term of the court. Justices Miller,
Swayne, Davis, Strong and Bradley voted
to sustain the constitutiOHsliy of the act,
and Chief. Justice Chase, which Nelson,
Clifford and Field votei 10 the negative.
The full opinion Of the court will not be
written out before the October term, but
the fact of the decision will be announc-
ed when the court reassemble the first
week in May. At the time the first de-
cision of the unconstutionality was made
on the question, Chief Justice Chase,
with Associates Nelson, Clifford, Field
and Grier approved it, while Justices
Miller, Swayne and Davis dissented from
the opinion. Since then the bench has
been increased by the appointment of
Hessrs. Strong and Bradley, and
Judge Grier has resigned, SO that there
are now nine Judges. OF these
th0 Chief Justice, with Judges Nelson,
Clifford and Field, still adhere to their !
former decision, and the dissenting |
Judges, Miller, Swayne and Davis, also |
adhere to their contrary opinion, and are |
reinforced by Justices Strong and Brad |
ley. It has been said by those who were |
3 in the way of knowing all the legal gos-
sip tina. there was very strong aversion /
on the part of two at least of the old |
Judges, who dissented from the previous !
opinion, to a reopening of the question. |
Some seem TO take il for granted that |
both Judges Strong and Bradley would |
be in favor of a reversal, on the grounds |
that they were appointed with an implied |
understanding of their opinions on the |
question. 1t is on this account that the /
course of these two gentlemen was |
watched with so much interest, particu- |
larry as it is well known that they both |
previous to their appointment, held very |
close relations to two of the largest rail |
way corporations in the country which
are much interested in the result of the
decision.
Morgan or EVaFts TO Succeed Fish
in the Department of state.
The Tribune's correspondent tele-
graphed from Washington last night:
II is euthoritatiVely announced that
successor has at last been found for Fish.
The next Secretary of State will either
be ex-senator Morgan or ex.Attoney-
General Evarts, probably the latter. The
change will not be made Immediately.
state Rights in a New shape AT
ffrmed by the Supreme COurt-The
Salaries of state Officers Not Liza.
bic to Income Tax.
WASHINGTON, April 25.-The recent
opinion by the Supreme Court in the case
of Day against Burlington, in which it
was held that the salary of judge of !
the State Court is not liable to income |
tax, has been brought before the Com |
missioner of Internal Revenue for deci- |
sion of the very important question, as to |
the liability of other State officers to pay |
income tax on their salaries. The opinion |
referred to was based on the argument !
that if the right of the General Govern |
ment to tax judges salaries is once admit |
ted, the State judiciary might be taxed |
out of existence. Other State officers |
appeal from the assessments made upon |
their salaries, holding that the argument |
applies to their cases as well as those OF
Judges. The question involved is an ex-
tremely important one, as q similar de- |
cision in the cases now pending would |
probably be followed by demand from
all parts of the country for drawbacks on |
all tax on the salaries paid since the in
come tax law passed. The question
would also be raised as to the legality of
the income tax on the fees of sheriffs and
other officers whose salaries are not fixed.
Health of the Chief Justice.
1t is understood that the Chief Justice,
whose health is still improving, will Ie
man here about a week after the adjourn
meut of the Supreme Court, when he
will visit Bethesda Springs, Wisconsin,
or Join Mrs. Hoyt in Europe. The Chief
Justice is now able to take long walk
daily and devote many hours of each day
10 his duties and books. The other
Judges, executing Justice Nelson, who is
occupied with the High Commission, will
proceed to the districts to hold the courts.
Inform Wanted.
The Chancellor of the Exchequer in
London having telegrsphed 10 Commits
sioner Pleasanton for information con-
corning the match tax of the United
5 ates, the latter replied by cable to-day
that the tax works well, the manufac-
TUE is not deranged nor the consumption
checked, and it yields s., 600, 900 per an
mum.
TIE Census.
1t is expected the full returns of the
census of the cltire country will be re-
ceived by May /.