, 1874-06-17
Tho 4rab-LaW Pronounced UnC0n.
.rstitutional by The Supreme
= Court.
4: :milar Judgment on the Law Al
:: lowing the Assessment Of
Capital Stock.
Suit Against Collector Har-
per's Chief Clerk Smith.
The Status OF Federal Soldiers Defined
by a Utah Court.

The Status Of Federal Soldiers Defined
by Utah Court.
Another judgment Against Mncoupin
County-DoGtai0n on tho Grnb-Lnsv-
Suits Ayairat smith, u1nrpcr,s Clerk.
Sneciat Dispatch to The Chicago Tribune.
sHR1H0F1ELD, ILL.,, Juno 10.-The attorneys for
tho bontllofdcrs obtained another judgment to-.
dny against n1aooupin County for $4,000, aud
at tho Balno timo thoy submitted Al argument to
tho Court In support of q motion to assess por
cont on the taxable property Of tho county to
pay tho forinor Judgments. The argument will
10 continued on this point ut some futura
day by tho counsel for the county,
Tho Court Inns held that heretofore
it Ind no power to aBacss moro than
per cont, NJ It has lono on tho ordor mnde upon
Ii formor Judgment, and for tho collection Of
which q writ Of mandamus wan awarded. Tho
attorneys for tho bondholders rolY upon law
passed laat wintor which provides that County
Boards may leyy W per cont for county pur-
poaes, etc.
TIE anAB-1Aw uNcoasT1ruT1osA1.
There is a rumor here to-day that the Supreme
Court, In a UNANIMOUS opinion, hare declared
tho grnb-law Of 1890 Unconstitutional. Tha
opinion Is expected here tomorrow to bo i1ed.
The decision III the Chicago Tux caseH. inyolv-
made, aud will be received here at the sa,no
timo. both decisions arc voluminous. It iB a
mero rumor, yet It il given out in these casos
th@tthe Court hold tho assessment Of capital
| turc aud made BY tho State Boara Of Equaiza@
! ton, unconstitutional.
THE BUTTS AGAINST g31TH.
| :. Tho argument OH tho motion to quaah the In
/ dics1nentl against Albert Smith. late Chief Clerk
9f Col; s5onn Z; Harper. o4;Gollootor f;{; d
ma msao ldatA Ills aftsraoon y e1.aoT:' psn:
or and 4. L. Knapp, his attorneys' The
paLing in tho emboz2lotnout Of 100000 Of Gov
crlfnont fluids; SECOND, bribery, for accepting
brlbes from II. r. Westerman and othors, dsti-
lels at pokin, ILL.,. and third for aiding In frauda
On the revenue. Tho toxt OF tho Indictments
las been published in these dispatches, and 1t is
sufficient to say tlnt tic point made against tha
Indictments is, that Smith IL not an olicor or
agent IN such q aonso Us to bring him within thu
provisions OF tile Rovcnuo law covering orlmea
for which 10 III indicted.
THE QUESTION ALREADY DECIDED.
Tho District Attorney. hlaj. Wilson, aaid thu
question had already hoon aottlod by the Supreme
Court III tho oaso OF the United States agaiuai
IIartwelI, who was clerk In tho TreakurJ
Department, holding q similar position to that
Of Smith, and who was Indicted ana convicted
for embezzlament. 1n roply to this, tho counsel
1'rousury, III a head OF T. Department, under
law OF Congress and in accordance with tue pro-
visiona Of tho Constitution. WAS giyqn
tho power Of the appointment o.
of these appontees. waR an officer Responsible
to tho Government. There WAS no law Of Con-
gross authorizing tho Collector Of q District Of
Internal Revenue to appoint any ono to any po-
aition, Smith was nero private empl0ye, OW-
lug no duties, aud undertaking no responsibility
to auy one but to John T. Harper; 1t WIS clear,
therefore, TINT Smith did not como within tha
principle decided in tho caBo Of Hartwell. Tha
-. a. t1.sir4