New-York tribune., 1871-04-25
WASHING TON.

ACT AFFIRMED BY THE U. s. SUPREME
CoURT-THE LABORs OF THE JOINT HIGH
| COMMISSION TO CLOSE TO-MORROw-THE TAX
| ON THE SALARIES OF STATE OFFICIALS.
| IBY TELEGRAPH TO TIIB TRIBUNEl
| WASHINGTON Monday, April "a, ls71
The decision of the Supreme Court the invov
ing the consttutiony of the LegaTender act Of 1862
concerning which there has been much interest will
be made known In open court Monday next in pres
ence of full bench. The opinions, however-for there
will be two-wi not be delivered until the meeting Of the
Court the next term in December In order that the
Judges may have time to perfect them in Of such
magnitude and involving such important consequences
thought this decision will be nal the Court will
probably hereafter refuse to consider the points involved
nasmuch q full bench will now participate in the
judgment The Court will decide not only as to the LA
bty of contracts made before the passage Of the act
| but Of those made since. 1t Is positively ascer-
tanned that the decision viii the decision OF
the Court in previous case by deciding that the Legal
Tender act Is constitutional, and that contracts made
before the may be fulfilled by the payment OF green
backs In this decision the Court will stand as fOows
Affirming the constitutionay of the act Justices Miller
Davis, Swayne, Bradley, and Strong; against, Chief
Justice Chase, Justices Nelson, Clifford, and Field AS
to the constitutionay Of the act applicable to con-
tracts made since It's passage there is some doubt now
the Court will stand although 1t is certain the legality or
the Will be atrned IN tne
by larger number of Judges. The Court on Monday
will announce several other cases. and Will then end
| the term by adjournment until December.
II is understood that the ChiefJustice whose health
is still improving, will remain here about week after
the adjournment, when lie will either visit the Bethesda
Springs in Wisconsin, join Mrs. Hoyt In Europe The
ChiefJustce is able to take long walk daily and
to devote many hours each day to his duties and his
books The other Judges excepting Justice Nelson, who
is occupied with the High Commission, will proceed to
| the Districts to hold Courts.
The Joint High Commission have made such progress,
within the past few days. that it is authortavey stated
that they will finish their duties Wednesday or Thurs
| day next The Commissioners are now engaged pre-
pairing q treaty, ali the points between the parties
having been agreed to- except certain matters which are
| stn under discussion by the English Home Government
The report that there TO be separate treaty for
each questionable Alabama claims, the fishery question:
the San Juan boundary, &cis not true. All the cases
will be embraced in treaty, and if is rejected all
will bethat is, the settlement of question involves
in 1t the settlement Of all the questions The American
Commissioners will not be dissolved until after the
treaty disposed of by the Senate and the English Com
mssioners will probably remain here until the close of
the Senate debate the subject The treaty Will not be
made public by the State Department.
The recent opinion by the Supreme Court, in the case
of Day agt. Burlington, In which 1t was held that the
salary OF Judge Of State Court was not liable to the
income tax has brought Sfore the Commis9lQner y "
Revenue decision
as TO the liability of other State officers to pay income
tax on their The opinion referred TO was based
on argument that If the right OF the General Govern
ment TO tax judges salaries is once admitted then 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 to those of the Judges The question In
yoyed Is an extremely important one, decision in the
pending, similar TO that already gwen, wOud
probably be followed by demand from all parts OF the
country for drawbacks of all the tax on salaries paid
since the Income Tax law passed. The question
would also raised the legality of the income tax
Oh the fees of sher and other officers, whose salaries
not fixed.
The Internal Revenue Bureau Is collecting statistics OF
the quantity OF spirits now in the country ana mas sent
out circular asking collectors TO report the amount OF
assessments against dstlers which have not been paid
II is authortatively announced tonight that sue
cessor has at last been found for Mr. Fish, and that the
next Secretary State will either be ex-senator Morgan
or exAtorney Evarts-probably the latter The
change will not be made Immediately
The Southern Claims Commission was In session TINS
morning. and in response TO the inquiries made by per-
sons interested, made several important rulings Per
sons desiring 10 have their claims set for nearing are
required to file application with the Clerk, stating
when they themselves will be ready Several apphca-
ons were made for permission to have testimony taken
by commissioners in different parts of the South, and the
applicants required to reduce their wishes TO
writing stating where they prefer to have the testimony
taken and submitting the of suitable persons 10
take the testimony for the consideration OF the CON-
mission The claims of Hugh W. ThrOckmOrtOn OF Up
fons HILL Va amounting to $1,000, and Samuel fehloh
of Montgomery County, Md, were under examination
to-day and witnesses were examined III ei'ch
oprNrSc OF THE CANAIS-A SERIOUS BREAK IN