National Republican. (Washington City (D.C.)) 1872-1888, 1875-05-11
THE COURTS.
Supreme COurt-GsnsraI Term.

This court was engaged as follows yesserday:
George q. Frelinghuysen, OF the supreme
Court Of New Jersey, was admitted to the bar OF
me application of John Davis. Of Massaehu-
setts, for admission to The bar was referred to
Messrs. Darlington, woodward and Hyde were
admitted to the bar Of this court the report Of
the committee, and Messrs. H s. Otis, Z. o.
Weaver and ]. ID. Town were admitted to the
Benz. F. shanks was appointed q county con-
stable.
solomon vs.. BiEelow. Case ordered to be
stricken from the calendar.
Cox vs. Mcpherson. Decree below Afirmed.
Humason W. The District Of Columbia. This
case was resumed
The iniOrmstion charges the defendant with
selling the goods referred TO on November 1,
was $3.50, which is 500 in excess Of the penalty
set out In the act Of Assembly. This excess Is
sought to be justified by the words shall, in sd
dition to the license tax imposed, pay nne or
penalty Of not less than IS nor more than t5o."
But by the act Of Assembly the license for COM
April, Or, II after that date from the rst OF the
month from which 1t was taken out, and "pay-
ment ahall De made tor Proportionate amount"
the defendant on November !, 1873, would have
been 1888, which, added to the maximum fine,
would be sls8.SS. But the words sin addition to
the license tax imposed" preclude the idea that
the amount Of the hpe is to be arrived at by
adding that tax to the fine. 1t is . tax, and not
have to take out . license to prosecute the bust
ness he has undertaken to pursue, but It is not
the business Of the Police Court to collect license
taxes; nor can the District compel man to take
If the view of the court below were correct,
how often can the 'license tax imposed" be added
to the nne IN any one Year, Moreover, would
not the ne Of $3.50 If collected 20 into the treas
ury Of the District, and therefore the defendant
in addition to the fine thus increased.
Mr.. Francis Miller, for the defense, cantsnded
further that the defendant does not come within
he haA nfa 81 "a.
not a"person whose business 1t Is as agent to
oner for sale goods, wares or merchandise" &c.
interest IN It Whatever. whether he sold or not
made no difference in his compensation. He was
NO more a''eommercial agent" in any Just mean
use to haul his goods around the city for sale It
was not his business, but the bu siness Of the
Humsson & Becklsy Manufacturing Company.
No tax is imposed upon manufacturers IN the
District Of Columbia, except IN the single In
stance Of manufacturers Of gas. Any attempt to
out q license for the sale Of their goods within
the District, when none is required Of resident
manufacturers, would be discrimination against
under article four section two, Of the Constitu-
tion Of the United States.
Such a tax imposed upon mere resident manu-
taeturers would be In violation Of the right Of
Congress TO regulate commerce among the sew
eral States, conferred by article one, section
eight, Of the Constitution Of the United States.
The case was not concluded. Adjourned.
AEs U1b48o oUMQuIoJ5s
This court opened It's May term yesterday with
trial calendar Of 400 original cases and Ito ap-
peals.
Ten Of the drawn jurors were excused: Messrs.
b. T. SWartI, NJ. ]. Adler, James ]. Shedd, Ed
ward Lobey, Samuel Normsnt, Charles Edmon-
son, A. SProhs, E. Z. Beall, B. T. norsell and
The marshal was directed to summon eleven
talesnen for service on the petit jury In place Of
those excused and Of W. GWinn, mot to be found"
THE ADDITIONAL JURORS.
The following were summoned: John T. John
Evans, n. Dent John W. Dyer, Charles Wilson,
r. B. Brown, T. S. McNafr, John Martin and
CASES TO-DAY.
The following cases are assigned for trial to-
day: Nos. g. 5, g. 9, TO- IL, Is, Is Ie IS 10 H. r.
q, "a, Is, 20, 2s and %. Adjourned.
Equity Court-Judge Wylie.
This court made the following DEGREES yestsr-
day:
Clay ct al; vs.. Smith ct al. Decree taking bill
Brewer vs.. Bailey. Decree for final ratification
Of sale.
johnson vs.. johnson. Decree for confirmation
Of private sale.
Cummings vs.. CesG Decree for sale through a
receiver.
Moore vs. Moore. Order for restraint OF plain
TINS case until the payment Of alimonT' Ad-
journed.
Criminal Court-Judge MaeArthur.
This court resumed its session yesterday morn =
Ing. No business was transacted and t. Jury was
adjourned until Monday next.