The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1875-03-27
BY TELEGRAPH.
Latest News from Washington.
Aae Atf0rney-Gencral Says the A0rsss-
rama Judseship Cannot be Filled
secretary Ertstow D0n'e Inteah 60
Especial telegyam To the Dispatch.

Secretary Rristow DONE Intead q
Resign. *
| Especial telegram 10 the DsJntch.l
WAsHlNsToE, March 28.-At the Casiue
meeting to-day the President referred to- tht
Attorney Generslthe question as to wht,.hei
he could make an appointment to the Lo Ws
lana juJgesbip left vacant by the failure O.
| the Senate to consrm Pardce. The Atto7
ney- General rendered an opinion that tho
office couA not be fdled;: and consequently
| It will remain vacant until the n-xt session of
Congress.
Secretary Bffstow, who has returned to
this city, gives an emphatic denial to the ru-
NOR that he iDtendsto resign. TlMoN.
The Commissioner OF Enterp-y Reye-
nue. orsthe eTobneco-Tax.
W WaSH1sGros; March 2G-The following
letter explains ITSELF: -
Si7;-l have received yoar letter Of the
18th instant notify me of the action taken
by the tobacco manufacturers of St. Louis
at masting called for the purpose OF getting
an expression OF the trade as TO the ir,stice
and equity of the Government officials in re-
quiring i report to be made of all tobacco
stamped on the Sd day OF March, in. order
that an additional FAX, Of four cents per
pound may be assessed and collected on such
tobacco pnder the act approved March Sd,
1870, and in accordance with the circular
letter of instructions, No. 10, issued from
this office te'collec'ors on March 9th. 1875 !;
also protesting against this proposed
assessment, and asking for a reeensid-
GRAFTON of the ruling Of this Office
on which such assessment is levied.
Without quoting or even stating at length
the several reasons addressed in your latter
in favor of reconsideration of the actien OF
this office in the premises, have to observe
that these reasons have aIE been previously
presented here, and have been carefully con.
sdered so far as they bear upon the main
point at issue--piz., at what precise time
did the late act of Congress entitled "an
act to further protect the sinking
fund and provide for the. eXigencies
of the Government take effect. The
decisions Of this Office and the reasons
| therefor are fully set forth in letter adj
dressed TO the Hon.J. j. Bagey, of Detroit
| Mich, under date of 0larch 18th, a copy OK
which enclose Us an answer to the Office
tions made in your letter. That the ruling
Of this office makes the operation of the law
retroactive by some fifteen or sixteen hours,
and that your manufacturers were not coz
infant that the twenty-iour-cent taX-bil had
become law until after business hours
OF the 81 instant is undoubtedly
true. The fact was not known
to this Office prior to that time.
1t was known here, and it was in all
probability known in ST. Louis during all
business houls OF the Sd instant, thai the
said taX-blll had passed both houses of Con-
gress and only wanted the signature of the
President to become law. 1t was Known,
also, that the 81 day Of March was The last
day of tue session, and the last day of the
| Forty-third Congress, and that the said
| bill must be signed on that day in order
to become aw. 1t was known, also, Oh
might have been known, what goods would
| be affected by the act if approved, for the
bill had been published and the time when
| it would take effect distinctly stated-viZ.
upon its passage; and the question as to what
goods should be made the subject Of the al
ditienal tax was thoroughly discussed and
| debated on motions for amendments in both
| bollses of Congress. SO much was known by
the country at large about this tay-bill, and
to the extent above named, that the new
tax. bill had been promulgated, not officially,
for it was not the duty OF the Government
officials to promulgate these facts, but they
were promulgated through the telegraph and
| the public press, the usua! medium for trans
| mitting intelligence of the doingS of Con-
gress, and prOmu gated in such munner and
| 10 such an extent that the cautious and pru-
| dent nan need not have been mIsled to his
| injury. 1t is true that no instructions bad
| been given collectors not TO sell stamps on
| toe Sd of March, for i. was not deemed neces-
sary, neither WIS it thought to be within
the scope of the Commissioners authority 10
suspend the sale and delivery OF stamps prior
| TO an actual change in the tax. The collec-
! tors had not been instructed to notify the
aLuiac:urers that they would be held liable
| 10 the additional tax OF tour cents per pound
on tobacco provided the pending bill became
a law for the reason that it would have been
highly improper 10 attempt to give c0nstruc-
ton TO q law before it had received the sigma.
ture of the President ana before 1t Was really
known whether it would become law or
not.
AS stated in the Blgey letter, the courts
Of the country have decided that when
| Federal law is made to take effect from or on
| aud after the day Of its passage the whole OF
| that day is included, and the same courts
UnSp uGClutu tlliL VI 'h' S'h'"'"'SS
| of such act forms no legal excuse for q ylo-
lation Of it, and that the official promulsa-
ton of such law Is not necessary to give 1t
operation.
In view of these facts, am entirely salts
| fed that no blame can attach to this Office, or
charges be successfully maintained that,
| through any neglect on The part Of the Com
| missioner TO indicate to the trade through
! revenue collectors that this would be bis
| ruling in case q pending bill should
become law, the manufacturers OF
tobacco fuiled to guard against any infringe
| ment of possible law. either by suspendiDg
business or conducting transactions in such
a manner rs would readily have met the
case, thereby saving loss on contracts ana
avoiding the penalty of the law.
! rSiyped1 j. W. DOUGLASS,
Commissioner.
Weather Report.
WAsHlSGToS, March 28.-For Ne" ing
land and the Middle States, local rains near