Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-03-05
WASHINGTON.
The Irrenrea~,h nxr.

The IrrePressible Myra.
| WASHINGTON, March 4.-Mrs. Myra
| Clarke Gaines has entered suit against
Caleb Gushing, claiming $4,000 for libel
in this, that in one of the recent bills filed
| by Gushing, he charges her with making a
wanton and grossly malicious accusation OF
himself.
Sworn and Seated.
At noon to-day the Associate Justices as
usual entered the Supreme Court room.
Chief Justice Waite being in the rear. AS
the Associates on the opening of the Court
occupied their seats, the Chief Justice took
chair at the desk of Middleton, Clerk of
the Court. A few minutes thereafter the
Clerk read aloud the commission of the
President, when the Chief Justice read
aloud the oath to be administered to him
by the clerk, to which the Clerk added. $50
help you God" the Chief Justice subscrib-
ing. The Chief Justice then proceeded to
his seat on the bench, having robed before
appearing in Court, the Associate Judges
standing in his honor. The reading of
opinions was then resumed from yesterday
by Justice Field. There was large attend
ance of members Of the bar ana others in
the court room.
The M0aety NAN.
At the session of the WAYS and Means
Committee to-day the chairman pro TEN
informed all concerned that Jayne would
proceed on the points to which his atten-
ton had been called yesterday, why the
moiety law should or should not be
changed. The Committee desired to hear
nothing more from him about particular
cases, and if he should have to refer TO a
case as illustrating his argument he would
do so in an impersonal manner.
Jayne then resumed his testimony, going
over tie laws relative to seizure, and ar
gued in favor of the present system of re-
wards. Otherwise the Government would
lose large sums by frauds, Counsel of
the Boston Board of Trade followed with
an argument against the seizure of books
and papers and giving moieties to inform
ers.
More MoIetIes.
b. @. Jayne, who recently resigned the
position of Special Agent Of the United
States Treasury Department, has left with
the Committee of Ways and Means a state
ment of the fines and penalties and forfeit
ureS distributed TO collectors, naval officers
and surveyors of the port of New York from
April 5, 1861, to Nov. so, 1873, from which
il appears there were paid as follows:
To CollectOrs-Hiram Barney, S64, 600;
Simon Draper, So, 900; Preston King and
special deputy, S33, 900; Henry A. Smvthe,
S102, 600; Moses Ii. Grinnell, $41 600; ThOs.
Murphy, $4,000; and Chester Arthur, Sj6,-
900.
To Naval Officers-George Dennison,
$4,000; Moses F. Odell, S42, 900; John A.
Dix, $4,000; Edwin A. Merritt, S41, 600;
Moses II. Grinnell, $4,000; and A. n. Laf-
ten, $4,000.
To Surveyors-Rufus Andrews, S65, 900;
A. Waremon, $4,000; Alonzo B. Connell,
S137, 600; Geo. Sharpe, $1,000.
The District CesspOOi.
The committee to investigate the affairs
of the District of Columbia met this
morning, Senator Thurman in the chair,
Boutwell, unwell. The committee ordered
500 copies of Gov. Shepherds answer to
their interogatives to be printed, and order
ed the vouchers and papers fled by the Gov
ernOr, 10 be accessible to the counsel for
both sides. The committee will meet to-
morrow morning to begin the investigation,
and viii first take up the subject of schools
with a view to ascertain the amount of tax
levied for school purposes, the amount re-
manning uncollected, the condition of the
schools, etc.
The outstanding legal tenders are 1882, =
100000.
Mr. B. g. JAYNE continued his personal
statement before the Committee on Ways
and Means to-day. He used language sim
liar to that reported yesterday regarding
some of the New York merchants, and was
stopped by the Chairman, who reminded
him that he was present to give his views
rs an expert and not yiadicate himself as
an abused man. Mr.. Beck, one Of the Com
mittee, said to Mr.. Jayne that his personal
explanations were simply intOlerable.
Supreme COurt Decision.
The long pending Blrtemeyer case, from
Iowa, which. il was expected, would over
turn the excise law of many States, was to-
day disposed of in the Supreme Court by
an opinion, Of which the following is
digest:
The usual and ordinary legislation of the
States regulating or prohibiting the sale of
intoxicating liquors, raises no question I'M
der the Constitution of the
United States prior to the Four
teenth amendment of that instrument.
The right to sell such liquor is not one of
the privileges and immunities of citizens
Of the United States, which, by the amend
ment, States are forbidden to abridge. If
that was presented in which a person own
ing liquor or other property at the time the
law was passed by a State, absolutely pro-
hibiting any sale of it, it would
be very grave question whether
such a law would be Inconsistent with the
revision of that amendment which fOrbids
a State TO deprive any person Of life, lib
erty, or property without due process of
law. While the case before the court at
tempts to present that question, it fails to
do it, because the plea which is taken as
true, does not state ir due form or positive
allegation the time when defendant
became owner Of the liquor sold,
and secondly because the record
satisfies us that it is moot case, to obtain
an opinion of this court on a grave consti-
tutional question, with absence of facts
necessary to raise that question in such
case, when the Supreme Court Of the State
to which the writ of error is directed,
has not considered the question,
this court will not feel at liberty to 90 out
of its usual course to decide. Justice Mil
Ter delivered the opinions. This case was
argued with the slaughter-hOuSe cases from
New Orleans, and it was expected would
be decided with them, but the decision has
been deferred.
Justice Bradley delivered the cOncurring
opinion setting forth that the distinction
between this and Slaughter-houSe cases is,
in his view, that in these cases there was a
monopoly obnoxious to the charge of de-
priving citizens of the United States
of their rights of property contrary to
the provisions of the constitution, but in
this case the question is one merely of pO-
lice regulation, over which States have un-
doubted authority. Justice Field read an
opinion concurring in the views of Justice
Bradley.
ECCLESIASTICAL.
~ INu.S.sl -An..