New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-05-05
WASHINGTON.

Important Decision Of the Supreme Court
The Decision of the District Court In
the sHdell Case Sustained-Title of the
Present Owners Confirmed.
WASHINGTON, May 4.-Ihe Supreme Court
to-day decided the cOntiscatiOn case re-
lating to the Slidell property, and several
other similar cases, holding that the pro-
ceedings in the District Court, in pursuance
of which the property was sold, were reg
ular, and passed full and indefeasibie
title to the purchasers, and 80, nOtwith-
standing the subsequent repeal OF the law
under which the proceedings took place,
the decree of the Circuit Court which re-
versed the decree of the District Court,
was thereupon reversed. 4
Mr.. Justice Strong delivered the opinion.
Mr. Justice Clifford dissented, holding that
the proceedings we're at common law, and
the cases should have been tried by juries,
and not being so tried, they were INSULT
cient to pass q valid title; but that if they
were in admiralty, as maintained by the
court, then they were insufficient to pass q
title, because in such proceeding the default
of the party charged is not confession of
the charge, but imposes upon the govern
ment the necessity Of proving its truth, the
same as if the party were present, which
was not done in these cases.
Other Cases Decided.
The tax case of Stockdale vs.. the Atlantic
Insurance Company, from the Circuit Court
for Louisiana, which also carries with it
thirteen other cases, was decided in the Su-
preme Court to-day. The opinion estab-
fishes the following points: That whether
the tax on dividends arising from the earn
ings of corporations for the year 1869 be re-
ceiyed as q tax on the shareholder or on
the corporation. it was intended to tax
the earnings for that year by the section
which limited the duration OF the income
tax.
That section seventeen of the act of 1870,
constituting certain sections Of the law of
1864 to extend the tax to the year 1870, is
valid, because it is not an attempt to exer-
else judicial power by constituting statute
for the court, but ia a mode of continuing
or revivipg tax which might have been
supposed to have expired. As this merely
imposed tax respectively. it was within the
legislative power Of Congress, and the case
differs from an effort to invade private
rights by constituting law affecting those
rights over which Congress has no power
whatever.
The cases of Barnes vs.. the banks and
railroads III Wall 294) and the United
States VS.. the Baltimore and Ohio Railroad
Company III Wall, 322) are considered and
compared in the opinion. Mr.. Justice Miller
delivered the opinion, Justice Davis dis
senting.
Measures for Relief.
The Mayor of New Orleans to-day sent
the following telegram to Professor For
shey: "YOu and other friends Of Louisiana
must do everything possible for our suffer
ers, acting according to your own discretion
az to final measures. The field of suffering
by the food is widening"
The gentleman addressed, Messrs he
bert, Wells and other prominent citizens of
the flooded region, will soon issue an ad-
dress to the people of the United States,
showing the extent Of the calamity and the
necessity for Immediate effort.
The River Failing.
The signal office reports that during the
past twenty-fOur hours the Mississippi has
fallen. At New Orleans it ls r4neteen inches
below the high water mark of 1871. AT
Memphis it is one foot below tine high water
mark of 1862, but above the danger level.
Louisiana Judicial District
The judiciary Committee reported ad-
versely upon Mr.. Vests bill of December,
1873. 1t proposed dividing the State into
two judicial districts. The second section
Of this bill provided, after providing for 9
district judge, for marshals, clerks, and all
the machinery Of the district court.
Government Of the District.
A bill was introduced in the Senate pro
V1ulnS IOE tHrco COLuLi6SIOncIe, " OC op
pointed by the President and confirmed BY
the Senate, to replace the present govern.
ment of the District of Columbia.
Sypher's New Canal Bill.
General Sypher introduced a bill to-day
for the Fort St. Philip canal. 1t is based
upon bill upon which it is said the Com
mittee on Railways and Canals reported
favorably unanimously in the session. A
new section is added limiting the cost to thu
estimates of the government engineers
and that Ihe expenses shall be paid annu
ally at the rate of $4,O00,000.
This bill will be called up by Genera
| Sypher when the emergency occurs as {
substitute for the cOmmittee's bill should
| it be adverse to the interests of Louisiana
| and New Orleans.