The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-03-04
doubt. On this point, it is held the

doubt. On this point, it is held the
error is pa!pable on it's statement. ALI
the authorities condemn it. It sets at
naught established principles. and justi-
ties the criticism Of counsel. that it sub.
stahtially withdrew from the defendants
their right of trial by jury, and con-
verted what at law was intended for
their proteotion-the right to refuse to
testify-into the machinery for their sure
destruction. Mr.. Justice Field deli
vered the opinion.
In the case of Ballard, truatee, cs. the
National Eagle Bank, of Boston, the
court held fhatsa national bank, organ
lied under the Act OF 1864 ,<-capnot
acquire valid lien upon the shares OF
it's stockholders by virtue of the articles
of association or by law. This re-affirms
the decision in the bank us. Lanier, II
Wall, 369. MIR. Justice Strong delivered
the opinion; Mr. Justice Clifford dis
sented.
In the Senate. Fenton presented a
memorial from large number Of lead.
ing business men of New York, express
ing alarm ut the unlawful action OF the
Secretary of the Treasury in issuing the
reserves; that never before had any
civilized government resorted to putting
out irredeemable paper currency in q
time OF peace, and asking Congress to
Immediately prohibit the Secretary from
issuing any more OF the reserve, and to
withdraw at once the amount issued to
this date. Referred to the Committee
on Finance. Mr.. Fenton said the sign
ers to the memorial represented at least
$500. 600. 900. Mr. West submitted q
resolution, instructing the Committee
on Contingent Expenses to inquire as
to the propriety of furnishing each Se-
nator with copy of text book, pub
lished by w. II. & 0. Ell. Morrison;
also including the national banking
laws and information concerning the
public debt. Adopted. Mr.. West
moved to postpone the centennial bill
and take up the army appropriation bill.
Mr. Sherman suggested that the CEN
tennial bill could be disposed of in an
hour, and that the finance resolution,
which had been postponed until to-day,
could be proceeded with. Mr.. Sumner
advocated proceeding with the appro.
priation bill, and expressed tho belief
that If Congress went into the centen-
NAL business, it would result in all ex-
penditure of S30,c00.O00. The motion
OF MIR. West was lost, by ayes 16, nays
80. Mr.. Carpenter said that to morrow,
when the Senator from Indiana, (Mor-
tom who was now detained from the
chamber by indisposition, would be pre-
sent, he would ask to take up his Louis
lana bill, for the purpose of making his
promised remarks. Mr.. Hamilton, Of
Maryland, gave notice of his intention
to submit remarks upon Louisiana af-
fairs. The centennial was discussed to
adjournment.
The House took up the bill to secure
homesteads to actual settlers on tho
public domain. The bill was amended
by adding a proviso, that no oath
should be required of any one desiring
to secure homestead, except the oath
to support the Constitution of the
United States. This was mainly for the
benefit of the people in tho Southern
States. who, under existing laws, re-
quiring the taking of the iron-clad oath,
cannot avail themselves Of the benefit of
the.pre-emption laws. The bill also re-
peals the presumption laws. It was fur
ther amended by proviso, that all
lands granted to railroads shall bo sub.
Ject 10 q; PROVISIONS Oh the uiil, liz uii
cases whe-e aach reads have failed &c
comply with the conditions OF tho
grants. The bill was thon passed as
amended.
The House had under consideration,
to-day, the bill. reported from the Com
mittee on Railways and Canals, to regu.
late the commerce by railroads among
the several States. which proposes to
prevent tho imposition of unreasonable
rates, and to prohibit discrimination
OF rates. It provides for board of
commissioners. to be appointed by the
President, who ars to institute tho
rough investigation and inquiry into
the rate of the toll and compensation
charged for transporting freights and
passengers, and into the reasonableness
thereof. The commissioners are to fix
for each railroad line separate schedule
OF reasonable maximum rates of charges
for the transportation of freight and
passengers, and cars loaded and un-
loaded, and the railroad companies are
to be bound by these rates. Speeches
were made by McCrary, of Iowa, in
support Of the bill. and by Arthur, OF
Kentucky, against it, The bill is spe.
ciai order from day to day.
Probabilities "Wednesday, for
New England, fresh and brisk South
i