Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-03-09
ITO the Associated Press. !
TILE EpENnII AnArS


WASHINGTON, March S.-The senate commit
tee on the sale of arms visited Gen. Dyer this
forenoon at his residence i'm the arsenal grounds,
and examined him concerning his transactions
with the persons who purchased arms aiterward
sold to France. Mr.. SchuH was present. and
was requested to ask such questions as he de-
sired. Gen. Dyer is in very feeble health, and
his testimony was convincing to all of those
present that his conduct has been honorable and
straightforward. Tomorrow the committee
will examine Chief Clerk McNally, of the ord
nance bureau, and Gen. Benet, who have really
conducted the negotiations.
SUPREME COURT DECISION.
Case number six (original); state of Ken
lucky VS.. Secretary Boutwell,: The return of
the secretary of the treasury in this case takes
the ground that as the troops were not called
into service by authority of the president or sec
rotary Of war, or by an officer of the army but
BY the state of Kentucky, and were under the
officers of the state, and were never attached to
the command of any officer of the army of the
United States, the state is not entitled to the
claim presented under the art of 1861, but must
look to congress for special act of relief 1t
said the question involved and the act of 81
have had legislative construction placed upon
them by acts of 1862 and '66, providing for the
payment to the state of Missouri for similar
service of the militia. Ii Missouri, for claim
precisely the same as that presented by Ken
lucky, was not entitled under the act of 81, and
required special legislation for her reliel,othat
must be conceded the proper course in this
case. 1t is also objected that, under the rules OF
thedepartment, established by Secretary Chase,
the Claim cannot be paid, and it is urged that
the present secretary would not be justified in
setting aside the rules OF bis predecessor unless
the necessity was imperative. The position is
taken that the granting of warrants is not, in
the meaning of the statute, solely and eXclu-
SiYely ministerial act and duty, but one which
requires, and was intended TO require, discretion
and Judgment by the head of the department;
and it is commended thpt for this reason the sec
relary is not subject, in the discharge Of this
duty TO the control or direction OF this court, The
secretary is bound, by the act OF '61, under which
the claim is made, to exercise bis discretion in
respect to all claims made under il, and if the
court commands him TO do other than his ludg-
ment warrants in the discharge OF his Official
duties in the premises, such command would
take from him the discretion and Judgment
placed in him, and you'd render it impossible
for him to perform his duties as required and
intended by the act, and would transfer 10 the
court the discharge of the duties and payment
OF the GLAZING and, in this case, would sub
ject the money in the treasury to be
taken therelrom by the judgment Of
the court. The original jurisdiction of
the court to issue writ of mandamus is de-
MED, and protest entered against IFS exercise.
The counsel argued the question at length, the
state being represented by Judge Casey and Mr..
Barton, and the government by the attorney
general, Assistant Attorney General Hill, and
Solicitor General Bristow The points of law
involved were stated at the time of the argu-
ment on the application for a rule tot sl0W cause
No new briefs are filed. Secretary Boutwell,
was not present owing to ndsposition.
ceremony DELAYED.
The Roman Catholics had eKpected to parade
on the 18th to lay tue corner stone OF the new
st. Patrick's church, but the attendance Of a
bishop to officiatc cannot be secured, and the
ceremony will probably be postponed.
MISCELLANEOUS.
The ways and means committee is still coHsid-
ering the tariff and especially the items of iron
and steel, but they have not arrived at any def
mite conclusion.
The published statement that the committee
had agreed TO a reduction of ten per cent on
iron is incorrect. The reduction viii be much
greater. They are now considering it on the
basis of SIS per ion for pig iron, which is re-
dncton of fourteen per cent, and an effort will
be MADE to reduce it further
Rear Admiral Sands, superintendent of the
national observatory, is urging congress to en-
able him to suitably equip corps of observers
to be sent to the South Pacific ocean to observe
the transit Of Venus. Every scientific society
in the United States has the deepest interest in
the success Of our corps Of observers, and the
achievements of the past justify them in urging
congress 10 be as generous as foreign nations,
that we take the lead in this observation as we
did in our observations Of the total eclipse in
Assistant District Attorney Harrington has
broken mp gambling here, and there is not now
gambling house in the district
The president will give dinner 70 the Japan
ese ambassadors on Wednesday. In addition to
the ambassadors and commissioners the lQll0Y-
ing guests have been invited Mr.. Mori, Minister
belong, all the cabinet officers, Chief Justice
Chase, Vice President Uolfax, Speaker Blaine,
Senator Cameron, Gen. Banks, Admiral Porter,
Solicitor General Bristow, Coy. Cook, Gems.
Porter, Babcock and Dent, and Col. Robert NJ.
Douglass.
The reversal by the court Of claims Of the
ruliBg OF ex-Commissioner Delano, concerning
the percentage paid in The sale Of proprietary
stamps by parties having private dies, under the
internal revenue law, will render necessary
relnndlng by the government TO parties who
failed 10 get the proper commission on their
purchase of about $4,000,
ING customs receipts for last week were So
Captain John G.. Baker has been detached
from the revenue steamer Moccasn and placed
on waiting orders, Captain David Richie has
been ordered to the command Of the Moecasin.
Captain Edward L. Dean has been detached
from the cutter Campbell and ordered 10 the
Dobbin at Castine.
The house committee on commerceis still eou.