Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-05-02
ESTABLISHED MARCH 80. 1885,
WASHINGTON,
PrOlonging the Agony Of Louisiana.
Adjournment Of the Supreme Court

WASHINGTON, May 1.-The Supreme
Court the United States to-day postponed
until October the application of the counsel
of ex Governor Warmoth for the allowance
of an appeal from the decision OK Judge
Durrell in the Louisiana case, and gave
leave to Phillips, counsel for Warmoth, to
file the record and other papers in the case.
The court then adjourned sine die. The
date of the next meeting of the court is fixed
BY law for the second Monday Of October.
u - 4 3 zApOIOgetfc.&% 4 A K
The reason for postponement in the
Louisiana case was that the Court had
nothing but an application before 1t and
therefore could not act. Counsel was
granted leave to file the record. Several
eminent lawyers, practicing bsfore the
court, are OF the opinion that the supreme
Court viii not Immediately act upon 1t
Tnext1 term, but will delas in order to give
Congress another opportunity to act upon
the subject of the Louisiana complications
as a political question, thus removing it
from judicial review.
A Suit Against Brigham Young.
The following decision was rendered by
the Supreme Court tc day:
Brigham Young, trustee, in tEust. of the
Church of Jesus Christ of Latter Day
Saints, vs. Godbe, in error, to the Supreme
Court for Utah. In this case, Godbe had
an account against the Deseret Navigation
and Canal Company, and believing that
Young, in his capacity of trustee of the
Church, also represented the Navigation
Company, he presented the bill to him as
trustee. Young refused payment, claiming
that, although he had the management of
the company, it was in no way connected
with the Church. On trial of the main
question, whether the Church and company
were one or separate things, a witness was
put upon the stand who testified that while
clerk in mercantile house he remembered
to have heard fellow-clerk say that, upon
the presentation TO Young of similar bill,
he paid it by giving credit on the tithing
account. This testimony carried the case
against the trustee, and be brought it here,
where the Judgment was reverted, the court
holding that the testimony in question was
purely hearsay evidence, and should not
have been admitted.
incidentally it was said, for the benefit o.
| the parties in q new trial, that creditor is
entitled to interest on an overdue debt, and
! that when the account is stated, interest
| runs IFOlU LDdJ udIc, dDO Iudb III bnO droOhS'
of any ra.e of interest prescribed by terri
torial law to apply in such cases, reasona
BILE allowance should be made.
Crossing and CIashtng.
Argument was heard to-day before the
! Secretary of the Interior in behalf of the st
Paul and Pacific Railroad and the Northern
Pacific Railroad. The point in the contro
yersy is as to which company is entitled u
q large tract of land at the crossing Of tn
two roads.
Death of James Brooks.
Hon. James Brooks, Representative i
Congress from New York, died at his resi-
dence in this city last night, at $50, in tn
presence of his family. He recognize
those around him to the very last moment
he had long been in feeble health from, a
be himself frequently said, the effects OF
fever which be contracted in Asia. Th
deceased was in his sixty third year. ID
death has created profound sorrow in a
circles of the community. The remain
will be taken to New York Saturday, unde
charge of the Sergeant-at-arms OF the Hous
of Representatives. The funeral will tax
pace in Grace Church of that city on SUI
day.
An autopsy of James Brooks showed thi
be died of sn extensive csncerous disease
the storacb, which has probably occuple
several years in development.