New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-12-13
removed by the unanimous vote OF the Legsature ana
Assemblyman Miller has disappeared IN consequently VI
q warrant being out against him for perjury
THE LOUISIANA CASE.
ARGUMENTS IN THE SUPREME COURT

ARGUMENTS IN THE 5uPhEmE OOohA'
WASHINGTON, Dec. 12.-The Supreme Court
filed. to-day, with prominent lawyers ana otnei
interested in the determination OF the questions raised
in the Kellogg Warmoth case. The Hon. 4. fhihps
opened the case the side OF the petitioner Win an
elaborate argument, contendBg that the Court pos
sessed the power claimed, 20 Issue the writ OF pr9D
ton In the exercise OF lts general He
conceded that the precedents In TINS county w.
against the position assumed put nssed 1 tbe u'
Mr.. Phillips went into an exhaustive examination Dt
Court OF the Kings Bench maintaining that tire Court
power there asserted and that TINS was
calling for IT'S exercise The Court should
conended that the provisions OF the JUDICIARY ACT au
not intended to exclude the Court from issuing it in
other cases. and SAID that IL could DC Issued unuer e
court may issue wrs sce facias haOeas corpus and
all other wrts which may be necessary tor inc proec
The Hon Caleb Cushing followed Mr.. Phillips, ap::
pearng for Mr. Kellogg, the petitioner IN te COURT OF
Judge Dure. Mr. Cushing said be proposed 10 connne
himself strictly the question OF Jurisdiction tho only
before the Court. The petitioners counsel mao ueh
dicion OF this Court over inferior courts but s thor
ouahy settled In the Jurisprudence OF this COURT at ~
reference 10 other courts except may be ex-
prcssy granted to It 10y act OF Congress But no Suc
act cited by counsel for the petitioner I S
Supreme Court power to Issue Wrt' o. ha AZ.
cided on at least 1ve distinct occasions, begin
ming with the tine OF Jay, and ending with
Chase that the express power Courts OF Admiralty
implies exclusion Of the power In all other courts. AS
the mandamus, 1t never was pretended tat THIS court
might interrupt the proceedings OF others by means OF
mandamus. Decisions uniform 70 the contrary. Mr.
Phillips himself In his book the practice or inns Court
correctly stated the law as 1t ithat TINS Court mas
no such general supervisory jurisdiction belongs to
Court of Kings Bench and, indeed none WhateHer'
except what il has received express acts OF Con-
ess III the present Involved appeal, then " IS
true that prOhDiCn mandamus, certorafl or anything
else would be- in the discretion OF this Court Dut mere Is
n a
the Hon. NJ II. Carpenter Senator from Wisconsin,
followed Mr.. Cushing on the same eide.
L. NJ Ogden, Attorney General OF Louisiana, In clos
ing argument for the petitioner reviewed tue Dill 40
equity fled with his application, and showed that the
action OF the lower court aimed directly al inc otae
The Hon. T. ]. Durant appeared for Acting Gov.
PncRback but the Court declined hear further argu
ment on that side, two counsel having already been
heard. -. -
Marked after the argument was concluded that ~ 10
original question he should tnk Mr tn tBs
other way his view would hardly prevail
ACTION OF THE WASHINGTON AUTHORITIES.
NEyy-ORLEANs, Dec. 12-Acting Gov. Pinch
back promulgated address to the people OF LOUIS
lana containing the following significant dispatch;
wAsHISGrjs D. c., Dec. ", 1871.
To ze,inoGov PHcusAcx Nsr.OrbdR: Let il be understood
you recognized BY the P,esde9 as .he AVN E.eGsys
eEstaIe and suggested that proclamation to that
elect and Necessary viii he given to and to
VIOLENCE GEO. H. WILLIAMS, Attorney General
AN ATTEMPT TO ARREST PINCHBACK.
NEw-ORLEANs, Dec. 12.-The Eighth Dis
trct Court Issued an for the arrest OF AengGov
Pinchback for contempt Mr. Pnchback refused TO re-
cognze the authority, and being protected by mar
snals, attempt made TO use rorce IN executing
the order OF the Court Dir. Pneh6ack signed an act
trct Court. Mr.. Clinton, the new state 0hhrer. was
installed in Office to-day. the Mechanics institute
T1 senate passed resolution declaring the all
VINO are absent tomorrow without good cause vacant