New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-05

JusIIcc Ol lAlADHHsi-Schdtc
on TransportatiOa-AnA Alabama Con.
gresham sick.
WASHINGTON. June THE Postmaster
General has ordered free delivery and ap-
pointed the necessary carriers at Charles.
ton, Atlanta, Savannah and Mobile. 1t
takes effect July |.
The court of claims to-day rendered de-
cislUn of general interest and very great
Importance in the case OF William A. Hay
craft VS.. the United States, which Is pre-
cisely identical in principle and conditions
of fact with the well known Elmira J. kel-
lev case, likewise pending The Haycraft
suit was brought July 80 1872. for pro-
ceeds Of certain cotton seized and sold by
gents of the United States government
The captured and abandoned property
act limited the time within which suits
could be brought for proceeds OF such seiz-
ures to August 30. 1868, being two years
from the date Of the termination of the re-
bellion as fixed by the pr0cl ama.iOn OF the
President OF August %, 1866. The Supreme
Court decided that the amnesty proc lama
ton of December IS. 1868, relieved all
persons IN the Southern States from ob-
legation to prove their loyalty in
the Court OF Gains, and Haycratt in filing
his claim in 1872, contended that in con-
sequence Of said amnesty proclamation
and the decision of the Supre nle Court dis
leval cotton claimants like himself had
right to commence suit at any time within
six wears OF tie date of the proclamation,
December IS 1868 under the general statute
of limitations applicable to suits brought
in this court, for the reason that he had no
standing in the court prior TO the issuance
of said amnesty proclamation. and his cause
of action accrued at that date, although
his property was taken n lSo5 The AttOr
ney General filed plea to jurisdiction
on the ground that all suits for cotton were
required to be brought within the two years
limitation of the captured and abandoned
property act. BARLEY and Casey. counsel
for the claimant. demurred, and the court
to-day overruled the deuurrer and sus-
tanned the plea of jurisdiction. The coun-
sci for the claimant then appealed to the
Supreme Court This. if sustained by the
Supreme Court, will bar and exctude claims
against the government for proceeds of cot
ton to the amount of about SIS, 100000.
In the case of Charles Hill, an alien sub
ject of Great Britain, claiming proceeds of
certain cotton captured from his factory by
resided in England during the entire period
of the rebellion. the court decided that
the presumption in favor of his having pre-
served his neutrality is not OyerthrOWn by
the proof Of the mere fact that he was IN
terested in and subscribed money to certain
adventures for running the blockade.
These advantages the court say may
never have been put afoat, or If they We're
may never have reached the seat of
blockade. 1t is therefore held to be neces-
sary to show not only the purpose to g i've
fact that the aid and comfort was given.
This fact not being proven, judgment is
given for claimant
In the case of Warren R. Dent, the court
decided that proportion of the proceeds OF
captured cotton paid by the government to
an informer could not now be recovered
from the United States
This decision is based upon a general
principle of the statute. that claimants can
recover no more than the net proceeds in
the United States treasury.
An important decision was also rendered
in the case of w. u. Sprott, of Mississippi,
to the effect that claimants who purchased
cotton from agents OF the Confederate
government, knowing az the time
that the proceeds were to be used
in the prosecution of war against
the federal government, acquired 40
title to their purchase, and, therefore,
have no right of action against the Cnlted
States for subsequent capture and sale OF
such cotton Tnis governs and includes
claims to the amount of about $4,000, 900.
An appeal was taken to the Supreme Court.
The Court of Claims made an order refer
ring to what are known as the Nicksburg
cotton cases, involving the proceeds of
some 5000 bales. The court then adjourned
till the third Monday in October.
The cabinet had another consultation
over the civil service question. No definite
results. Among the suggestions was one to
the effect that where merit permits, to dis
tribute offices equally among sections.
Pessons who sell tobacco on railroad
trains must pay special tax.
A private dispatch from Montgomery,
Alabama. says that Governor Lewis. Re
publican, has appointed Robert c. Breckell,
Democrat. Chief Justice of the Supreme
Court of that State. vice Peck, resigned.
The Senate select committee on transpor-
tation has thus far gathered large amount
of statistical information within a week or
ten days. Senator Window, the chairman,
will leave Washington for Baltimore,
Philadelphia. New York, Albany. Boston,
Buffalo, Montreal and other points to make
preparations for facilitating the work OF
the committee.
Mr.. Sheats, Congressman at large from
Alabama. is very sick.
Bout Race.-The Nortolks won by four
boat lengths; time. three miles in twenty
minutes, beating Anulostines. Race made
IN fOur-oared shells.