The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-04-17

his headquarters at st. Johns College,
and 1t ia reported the State House
will be taken possession OF tonight.
The greatest excitement prevails
throughout the city. 4
WASHINGTON, April 15.-To.day, in
the Eqnity Court, Judge Wylis. in the
case OF Cheever, against G. B. Lamar,
et al was heard on Il motion to dissolve
the restraining order-Judge Casey,
Judge BARLEY nd Mr. Ray for plaintiif,
and Generals B. F. Butler und Denver
for defendant. Lamnr recently obtained
a Judgment from the Court of Claims
for $579, 600. for ootson claim, and
Cheever, Us administrator of his d..
ceased brother, (who. it is claimed, hud
an Interest in the claim,) filed bill to
prevent the money from heing paid ont
of the treasury. The defendant moved
that tho restraining order be discharged,
and the motion was discussed ut some
length, tho defendant claiming tina.
service had not been made on L.E,nr,
and the service on Denver md Peck,
who were not properly in the case, was
not sufficient; that tho contest between
citizens OF another Jurisdiction and the
res not b*ing in the district the action
OF the court was wrong in granting the
order. Judge WyIie said the questions
involved had been heretofore decided
in the courts Of tho district, and if tic
court that entertained jurisdiction of
this kind attempted to restrain the
payment Of money by the Treasury,
they would havo little else to do, and
they wonll bring hure people who had
never seen the city before. It is only
who're service can be made personally,
or against the real or personal cslnte
of the party that the court could act.
The law limits the jurisdiction OF the
court to cases i'll which there is specific
claim. In this the res is not within The
district. \ claim in the treasury is not
local assets. This clnim WAS awarded
by the Court Of Claims, and is now
pending in the treasury. He would bo
Obliged to follow the precedents set, and
resciud the order. The fact that Denver
and Peck are brought in as defendants
does not give the court Jurisdiction.
SO far as this case is concerned, Mr.
Lamar. the claimant. being citizen of
New York, the treasury must be regard
ed as in New York. He directed TINT
M order he drawn resembling the re-
straining order. Judge Burtley desired
to note an appeal to the general term.
The court decided that the general term
had decided that no appeal would lie in
| such u case.
New York, April 1.-The Alderman
lc com mittee appointed to welcome Sir
Lambert Lowraine met this afternoon,
and adopted resolutions thanking the
gallant Englialman for his manly and
decisive action at Santiago de Cuba.
aud rendering him the hospitality of
the city. The resolutions are 10 be- en-
crossed and framed and presented to
Sir Lnmbcrt Lowraine. It was resolved
to confer with Mayor Havemeyer as to
arrangements for his reception and pre-
sentation OF the resolutions. The com.
mittee adjourned, subject to the coll OF
the Chair.
CHICAGO. April 15.-The statement
telegraphed from here last night, that
the final decision made in a libel suit of
Bush Us. the Chicago Times, in favor OF
the plaintiff, was an error. The court
simply decided that the epithet shyster
applied to u lawyer is libelous. The
case will come up for trial hereafter upon
its merits.
BosToS, April 15.-The friends OF
MIR. Dawes. through their committee on
the subject of conference with the
friends Of Judge Hoar, with view to
breaking the dead lock on the Senator
ship, announced their intention of
standing by Dawes, und say that to
abandon him in compliance with the re.
quest OF one who has never received as
large vote rs Dawes would be contrary
to usage, and establish precedent en-
tirely snbvecsive of uil party urgnnizl-
tions.
New ORLEANS. April l6.-Thc river is
five to seven inches above high water.
The tow boat Jay Richard capsizad
The captain, engineer and one iaborer
swan ashore; one white and thirteen
coloreu men were drowned
a duel was fought to day, at Toulone,
near Bay ST. Louis. Miss, between Wal.
lace Wood and a. j. Bachemin. Yea.
pons, due!ing pistols; distance, twelve
PAGES. Bachcmn WAS shot through the
thigh at the first Gre; Wood unhurt 1t
is reported the entire party, all of whom
are from New Orleans. were arrested by
tho Mississippi authorities. The party
includes several newspaper reporters.
BALTIMORE. April 16-The steamboat
captain. VIM. kerwan, is dead; aged
tifty-four.
KEY Wgsr. april 6.-Dockcry has