, 1873-05-02

Argument was heard to-day bofore tho soore-
tary Of tho Interior In behalf OF tho st. Paul q
Pacific Railroad md Northern Pacific Railroad.
The point in controversy is as to which COM ~
pany Is entitled to large tract Of 1and at the
crossing OF tho two roads.
SUPREME COURT.
The Supreme Court of tho United 9tates, to-
day, postponed until October the application Of
counsel Of ox-Gov. War1noth for allowance Of
an appeal from tho decision Of Judge Duroll in
tho 1ouiBiana case, and gave 1eaye to Phillips,
counsel for Warmoth, to 1le record and other
papers in the oaso. The court adjourned Bno
dc Tho dato Of tho noxt meeting Of tho Court
Is flxoa by 1aw for the second Monday in Oc-
tobnr.
Tho following decision was rendered by the
Supreme Court to-day brigham Young, Trns
Lntter-Dsy Saints, yorsus 0odbe; orror to su.
prone Court for Utah. In this case, Godbe had
IN account against tho Deserot Navigation and
osnal Company and eolieSng TINT Y9ung ssa In
resented the Navigation Company, ho presented
ment, claiming TINT, although he had tha man
1 # Tie 5 esp5ny j. ss hs IF @ 40 nSy icy sn
question was whother tho Church aud Company
Woro one or separate things, and a witnosB
was put upon tho stand who testified that while
olork in = mercantile house he remembered to
hayc heard a fellow-clork say TINT upon preaen-
tasion to Young of a similar bill ho paid 1t BY
giving credit on the tithing account. This
testimony carried tho oaso against the Trustee
In trust and he brought 1t here, ,whoro Judgment
is reversed tho Court holding that the testi-
mony in question WAS purely loarsay evidence,
and should not hnve been admitted. 1ndidontal-
ly 1t ia said for tile benefit Of parties In tho now
trial that tho creditor Ia entitled to interest on
an overdue dobt, aud that where tho account is
stated the intoreAt runs from that date, and that
In tho absence OF any rate Of interest prescribed
by Territorial law to apply in such oasos, 9 rea-
sonnble allowance should bo made by way Of
| damages for non-paymcnt.
| Tho reason for tho postponoment by tho 6u-
prone Court to-dny, Of tho application Of the
counsel for Warmoth for the allowance Of an
| appeal from tho decision Of Judge Duroll In the
| Louisiana Case, waB TINT tho Court had nothing
but tho application boforo 1t, and therefore could
not ect, Counsel WAH granted leave to file record
and othor papers in tho caao preliminary to it's
| consideration. Several ointment lawyers practis-
ing before tho trnl, arc Of opinion that tho su-
| pre1no Court will not act Immediately upon tho
subject ut the fall term, to which 1t has ad]ourn
| ed, but will doIay In order to give Congress an
other opportunity to act upon the subject OF tho
| Louisiana complications, M political question.
thus removing 1t from Judicial review.
| 4 DENIAL.
WAsu1NaroN, May 1.-Gcn. Sherman denies
that ho fayors tho tubing Of scalps,, II for &c
other reason tllat ho can sec no advantage II
scalpng dead Indians.
| MoRrUAnY.
| Tho romans of James Brooks will be takon tt
Now York on Saturday, under charge Of tho Sor
geant- t-at-Arn,s Of tho House Of Representatives.
The funeral will take place In Grace Church II
that city on Sunday. post norton e1amna
tion viii DO hold this afternoon.
Ereatus Brooks arrived this morning.