The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-03-06

powers to recognize the bsliigerence of
the Carlists. He will declare the Spa
niards exempt from allegiance TO any
other Government than mis- own. He
will draw S.. 900, 900 as the first instull.
ment Of the loan previously contracted.
A correspondent OF the Daily Neos,
at st. Petersburg, writes, under date of
the 28Lh ult.. that serious rioting has
occurred in Eastern Poland, in cOnse-
quence OF the closing OF the churches,
by tho order Of Government. At one
place, the disorder was SO great that the
military was called out, and fred on
the rioters, killing and wounding seventy
persons.
TeIegraphic-Americ Matters.
SUPREME ooURT DKoIs1oN-FA1LURR-
CHILDREN BURNED TO DEATH-rHR
BATTLE WITH THE DARs-PRKoIoUs
PULPIT PRAcrIOE-MARINE DIsAsTkRs-
CHURCH UNTrY-sTRIKEs FOR BACK PAY,
RTp.
WASHINGTON, March 3.-The noted
Aad long pending Bartemeyer case.
from Iowa, which it was expected would
overturn the excise laws OF many of the
States, was to-day disposed of by the
Supreme Court by an opinion, OF which
the following ia the substances: The
usual and ordinary legislation of the
States. regulating or prohibiting the
sale OF Intoxicating liquors, raises no
question under the Constitution of the
United States prior to the fourteenth
amendment Of that instrument. The
right to sell such liquors is not one of
the privileges and immunities of citi-
zens Ct the United States, which, by
that amendment, the States are forbid
den to abridge. BLi if case were pre-
sented in which person owning liquor
or other property at the time'a law was
passed BY the State. absolutely prohibit
ing any sale OF 1t. it would be very grave
question whether suoh law would not
be inconsistent With the provision OF
that amendment which forbids the State
to deprive any person OF life, liberty or
property without due process Of law.
While the case before the court attempts
to present that question, it fails to do it,
because the plea, which is taken as true,
does not state in due form, and by posi-.
tive allegation, the time when the de-
fendant became owner OF the liquor
sold; and, secondly, because the record
satisfies us that this is moot made up
case to obtain the opinion OF this court
on grave constitutional question, with.
ont the existence of facts necessary to
raise that question. In suoh case,
when the Supreme Court OF the State,
In shiloh tho --;t -e ~--~- = 1:---.a
mas noi considered the question, this
court will not feel at liberty to go ont of
its usual course to decide it. Mr. Jus.
tice Miller delivered the opinion. This
case was argued with the slaughter
house cases from New Orleans, and it
was expected would be decided with
them, but it has been deferred until
now. Mr.. Justice Bradley delivered a
ooncurring opinion. setting forth that
the distinction between this and the
slaughter-house cases is, in his view,
that in those cases there was monopo.
IL obnoxious to the charge OF depriying
citizens OF the United States of their
rights OF property contrary to the pro-
visions of the Constitution, but in this
case the question is one merely OF police
regulation, concerning which the States
have undonbted authority. Mr.. Justice
Field read an opinion concurripg in the
views OF Mr.. Justice Bradley.
INDIANAPOLIS, March 4.-The house
OF colored man. named Sears, nine
miles from this city, was burned yester-
day. Two children. aged three and
four years, who were looked inside,
wore burned to death. The parents
were absent OF the time.
WoRoRsrER, March 5.-The tempe.
rance women have abandondoned Dio
Lewis plan Of attack, and will seek to
operate through the owners of the
baiidings, by piedging them not to let
to Eaner dealers.
PHILADELPHIA. March Ga square
rugged vessel was wrecked on Barnegat
Shoals. Two boats, filled with men,
passed station fourteen, eight miles
North of Barnegat.
The old frigate Constitution 10 to be
rebuilt. 4"
A. bill forbidding Sunday railroad
trains failed in the Jersey Senate.
WASHINGTON, Maroh 5.-The Judi.
c;s.T Committee has summoned Cush.
ing.to testify in the Dnrell case.
lThe House ia voting on the frankinR
bill, having reconeidered the prior vote
rejectingit. It will probably pass.
In the Senate. Bogy introduced bill
for the improvement OF the mouth of
the Mississippi River.
BALTIMORE. March 5.-The State
Grange is in secret session. Forty seven
oranges are represented.