The avant courier. (Bozeman, Mont.) 1871-1872, 1872-01-25
MBET ~



| s.sfr II Fmportant Decisfon. ztaSss1e
Nv Arlington, January Is Justice Strong
tdelivered the opinion Of the Court IN the legal
tender ease today. The opinion is very elab-
lorate aud lengthy. Tile Court takes the
Egronnd that the debts contracted since the
passage Of the leg gal tender act. are for the
Eefeatese portion of the Indebtedness OF the
Ieeuftrv that they were contracted in view
Iof tile passagesof said act. and that it would
bbe gross Injustice to decide that these debts
shoul be paid in gold that there is no dis
Ifiafcfiora to be made between the Constitution
Eal validity ofzan Act of Congress declaring
Etreasuryanotes i legal tender for debts cou-
Esraatef after its passage, and that OF an act
Esnak1ng Them a legal tender for ali debts
l.ttsse Incurred before as we'll as after its pas
fsaees. that che constitutional grant to Gem
sgrcss - the power to eoia money, cannot be
regarded ~ Containing an implied proiiibi-
Istf5n al ainst tile issue of legal tender notes,
and if it raises any iinnlieationsa they are OF
complete power over the currency. That tie
objection that the Legal Tender. Act impalrrss
the obligation of contracts. cannot be accepts
ed as there car. be no valid obligation to pay
a particular kind Of money. even il both par
tics understand and expect that payment will
be made in a. certain kind of money. THAT
aIItle law eompels in payment is, whatever
the law shall recognize as money when pay
nnent is made. The objection that unit Of
money value must possess intrinsic value, is
regarded as foreiglte the subject. as the. Ie-
GAL Tender Aet does not attempt to make a
standard value or asseft that the emission Of
legal tenders is coinage or any regulation 81
value of money sI5d5 *f 0 lsst3iss,@'4 y
This decision ayerrt1les 50 much Of the de-
cision in case of Hepburn vs.. Griswold, lS
Wall o06.5Sas ruled that the Legal Tender
Acts were t.nlwarranted BY the Constitutions
so fsras they apply to csntracts made before
their enactment. saa gfei ees @.-tssos
Justice dBradleyoread lengthy opinion.
coiielsrring in the conclusions Of Justice
Strong. 81 ssH sst3S S4s s$l'
Chief Jastices Clifford and Field were all
thesdisseafing Justiees- except Justice NehS
ison, wBls WIS not present. auheftwo forrneF'
read Dissenting opinions, setting forth NC
Essfeat ateiebgth siie Htifohey s11"' - "i ~ :" '' ~
the country il sfamliiar. as haflhS oee'i etne'
decision of the Court III q former aeeisiofsoi
the lssgal tender question. So 81 ssa3 saassssss
ffiheieinefSJesace announced thae eae ooutse ''
would dnot sit tovsnofreW. DUE iWoqla DC ssil-1
gagged in conference .5{3 ss .assSSiSsSsat sf4 70
/ The dissenting opinions refer toithe fact
that, theiquestion ON Its former decision YVES
asaahly arguea. Anu decided WIN as mature
deliheratien as any case ever before IN couft,<
by full le'ourt-the decision peing concur
red insby five Justices, against taree aiss NJ
1ng. The Court, by law. thes lcohsisleosso soi
eight Justices andsifs tiee'slen ls'snow over
ruled oy hve Juslces s % Ioar-.ie so''fe ilo"'
being composed of nine sJnstices--ato aal
those then upon the beheh, now retaining ing ehef
views then ex pressed IS tasssss.5
@s,rrr rr,e p,anf;ng ~ Ce1orado.
al17 ssfa1l q 81 - ''sl Y =
That groFas and even forests may be 'tnaslefo
springap in2the midst of the great western
pans, ia stossn E'by1stlies thrift OF the thou
sands OF young trees In Salt Lake City,' and"
that they may reach NJ age stretching through
the lapse OF generations is proved by the
hoarye cottnnwoods along the the edges Of
the Cache le In PouIre. 1t is on this stream
that the .ullion Colony located fewyears !.
since and, having conquered the ntilitafian
of the undertaking, itsprompfers
now propose TO enrich their surroundings by
planting trees on large scale. Thetounder, I,
the first President of the colany, urges the
work, which. Il carried out will aad mRch h
to the real value Of the lands OF the settle7
meilt OF that esthetic Taste, which. in good,
strong. simple fashion, is an evident and es-
seiltial character Of this worthy and success
iaf enterprise. The idea is grand one, and /,
aeseseryes 70 be appropriated and put in
practice. II every village on the treeless
plains. 1T was good advice that which made
the Elder Dunibeidikess immortal: Stick
II tree and il will be CROWN when yc're. !
lisd"a Let the UiIioh colonist, (whose first
dwellings Of inch plank and gront and uts-.
burned brick, We remember as we.saw, them !
befofe the footprints Of tile antelope had I
faded from among the cactus) follow out ' the
@ ,sto ,s ,ha,,s.,,.as 49, .a., as,s,,,,,a t,,t