The Portland daily press., 1872-12-13
WASHINGTON.
OiTer ola German Syndicate.

VHef Oh Il sstfDhan SynIHcates
New YORK, Dec. 12.-.Washington despatch.
es state that representatives of syndicate of
German bankers are ready to take the whole
four, four and half and five per cent.
funded loan for commission of two and half
per cent, leaving the Treasury free of all ex-
penses.
The Postal Telegraph Bills.
President Orion, of the Western Union Tele-
graph Company, is to be heard before the APP
preparation Com mttee on Monday, in refer
ence to the postal telegraph bill.
The EOuisian mn Case in Court.
WASHINGTON, Dec. 13.-The Louisiana case
was argued deliberately before the Supreme
Court to-day, Hon. T. Phillips appearing for
Warmoth, and arguing deliberately that the
court possessed the power to issue a writ of
prohibition in the eXerc Use of its general super
visory jurisdiction over the proceedings of in
ferior courts. He admitted that the preced-
ents in this country were against the position;
but the question at issue had never before been
presentee in a clear, unmstakable form. He
contended that the court should interfere to al
rest the usurpations attempted in this case, land
maintained from the common law authorities
aud decisions of the Kings bench, the power OF
this tribunal, and that this was case calling
for its exercise.
Caleb Gushing followed on behalf of Mr.. Kel-
logg, conte nding that it is thoroughly settled
in the jurisprudence of this court that it cannot
exercise any supervisory power in reference to
OtucI CouIts, tACtpG SuCU IT'S are eSpeCidiiy
granted by act of Congress. An act of power
grants the court power to issue wrrs of prohi-
biti0n to courts of admiralty; and this court
has decided, or at least five distinct occasions,
that the express power as to courts of admiral
ty implies exclusion of the power as in all other
courts; and Nh. Phillips himself, in his book on
the practice of this court has correctly stated
the law as it is, that this court has no such gen
eral supervisory jurisdiction as belongs to the
court of Kings bench, and indeed none what
ever except what it has received from the ex-
press acts of Congress.
Senator Carpenter followed on the same
side, and centended that by the Judiciary act of
1899 the appellate power of the Supreme Court,
in regard to suits in equity in the Circuit Court,
was confined to the power to review final de-
srees. That this court had no authority to en-
terrain an appeal from an interlocutory order
or decree of court below, whether the court
below was proceeding within or without its jul
risdictiOn
Attorney General Ogden of Louisiana, clos
ed the case, arguing that the action of the low
er court was aimed directly at the State gov
eminent. If a gentleman of Mr. Cushing ma
tional and International reputation could see
no usurpation in this deliberate attack upon the
rights of State, then, indeed, there was cause
to fear that the foundations OF our American
system had been destroyed and The dearest
rights of the people silently taken from them.
The only hope for this State was in the action
of this court If it could afford no remedy
tnen IL was apparent that defect OF the most
fatal character existed in our political system.
He predicted that if the State of Louisiana was
stricken from the flag as a free State by this
action her fate would be but beginning of the
end, and from this date would commence rap
id dissolution of the State government.
Hon. L. j. Durant appeared for acting Gov.
Pinchback, but the court declined to hear furth-
er argument on that side, two of the counsel
having already been heard.
Hon. Reverdy johnson, who was in court,
remarked after the argument was concluded,
that it were an original question he should think
Mr.. Phillips was right. But as it had been SO
many times decided the other way, his view
would hardly prevail.