The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-12-13
WASHINGTON.
The Loulaiana Troubles.

1 "AsuANef0S, AeCemUeE IL nc II
plicatiop Of Governor Warmoth for
writ of prohibition against Judge Dur
rell was heard in the Supreme Cour
this morning. Caleb Cushing state'
that be would appear for Kellogg
Durant, on behalf Of the Pinchbacl
Government, asked that the whole pro
ceedirg be d smissed, as the Pinch 5acl
Legislature was recognized by th'
Federal Government Philip Phillip
delivered an argument on behalf o
War moth. claiming that Jude Durrel
committed usurpation Of his juris1ic
lion end that the Supreme Court coulc
not refuse 10 check the arbitrary exer.
else OF unlawful authority by ar
inferior Jurisdiction, the effect OF which
was war. throwing the whole com
munity into chaos.
Mr.. Phillips closed his argument
with citation OF four cases, in which
similar petitions were argued and said
in every case the Supreme Court did
not deny the jurisdiction OF the court
below, and did not therefore decide the
question then at issue.
Mr.. Gushing followed and said, first
that this was not the case Of Kellogg
against the State, as claimed by the
counsel on the other side, but suit
between persons, Kellogg and War
moth. He then pronounced against
the allegations that the Court below
had usurped any power. The act OF
1870 was based on the Fifteenth Amend
ment. which introduced new principle
into the Constitution, and all reference
to other decisions had no bearing on
the case. He said that the Supreme
Court had six times decided that it can
not issue a writ of prohibition except
in admiralty cases or except to enforce
its appellate jurisdiction, but there is
no appeal here and there can be none
under the law.
The Alabama Trouble.
A committee Of the two legislative
bodies of Alabama having appealed
to the President, the latter referred the
matter 10 Attorney General Williams,
who suggests the following compro-
mise:
First-The officers Of each body
shall tender their resignation, to take
effect on the permanent organization of
the REGULAR representatives as herein
after provided.
Second-0n the - inst. the hall OF
the House in the Capitol shall be va
Gated and at II o'clock on that day all
persons holding certificates Of election
as Representatives sha | assemble there.
in, but the persons holding the certif-
Gates of Secretary Bayllnd shall be the
only Representatives seated from Bar
bour county and shall make, in the
usual manner a temporary organiza-
ton.
Third-Two tellers, one Republican
q nd one Democrat, shall be appointed
by, the ""eoh..,. pay .ens who shall
count the votes cast In the
county o. Msrengo. and for that pur
pose shall take the returns OF the pre-
cipct inspectors OF said county, or in
case they may not procure the evidence
of said inspectors, and the persons found
to have the highest number OF votes
shall he 8, ated as Representatives rom
said county. The persons now holding
certificates ss Representatives from that
county shall not vote upon or In said
organization.
Fourth-When such contest is ter
minated the House shall organize as
usual, the same principle OF compromise
applying to the Senate, with the excep
ton that the Lieutenant Governor
shall preside Tue contest as to the
district comprising the counties OF Ball
and Conecuh shall be decided in the
same manner. No person not holding
a certificate Of election shall take his
ses, in either body until his right is sp
proved as above; provided all those
claiming to be members and see,ed in
either organization shall be allowed
mileage and a per diem compensation
prior TO organization.
The Fnnatng Question.
Secretary B ,utwelI was again before
the Ways and Means Committee on the
funding question. The committe' be-
fore taking any action, has decided to
call on prominent, bankers to aP-
near before it and give their views on the
subject Of increased commissions.
The Crrdi, M"b'lier.
The House Committee for the inves-
t;oation CT the Credit Mobilier met this
morning and heard the STATE ments o
Sneaker Blaine A pledge OF secrecy
was nut upou all connected with the
investigation. The committee will meet
daily.
PInchback Recognized.
The Attorney General this morning
forwarded the following by telegraph
TO Acting Governor Pinchbsck, in reply
10 dispatcbes received this morning:
"WAsHISaroy, December II.
ITO Acting Governor Pinehback, Ns'o
Orleans, La:
"Let it be understood that you are
recognized by the President as the law
tul executiveot Louisiana, and that the
body assembled at Mechanics, Institute s
ia the lawful Legislature OF the State f;
and i, is suggested that you make {, q
proclamation to that effect, and that all
necessary assistance will be given yo1,
and the Legislature herein recognized
to protect the State from disorder and
violence.
1Sigued1 "GRo. H. WILLIAMS,
Attorney General.
"By direction Of the President.
Fret Lieutenant w. B. McCollom, ol
the Fifth Artillery, has been detailed
as Professor O military service and
tactics at the Western University o.
p.,,s,lvan;a Mt Pittsburgh. All the