National Republican. (Washington City (D.C.)) 1872-1888, 1875-10-21
THE COURTS.
Supreme Court Of the United State,

The Supreme Court OF the United States yester.
day heard the case Of the Leavenworth, Lawrence
States. Appeal from the Circuit Court for the
District of Kansas. The suit is brought for the
purpose Of obtaining decree cancelling and set
ting aside all patents which have been Issued to
the railroad company upon the Usage coded lands
IN Kansas, on the ground claimed by the Govern
ment that the patents were issued without au-
thority Of law, ana are therefore null and void.
The Secretary Of the Interior It is said In certify
ing these lands to the State Of Kansas, to aid In
the construction OF the road, acted without war
rant, and his acts therefore, constituted no grant
The words Of the act OF 1868, under which the
ceTtihcation was effected, the Government claims,
will not operate to include in grant Of the pub
lie land5 reservation set apart for special and
particular purpose. And further, that If the Ian
Ruage Of the act does operate to make grant Of
which explicitly and in terms excerpts those lands
from the operation Of the act. The issuing OF
patent, It is argued, is purely ministerial act,
and IT. from ignorance, mistake, accident or fraud,
It is issued to party not entitled to receive it. It
may be set aside. The decision below was for the
Government, and It is here commended that the
question Is simply as TO conveyance OF property,
founded on valuable consideration. Grants for
q confederation are IN the nature Of contracts,
to pocket the consideration and then bubble as
to the obscurites and implications Of its own con-
tract. Lord Coke IS quoted In support Of this
Mote the gravity q the ancient sages Of the
law, TO construe the Kings grant benehcially tor
his honor, and not to make any strict or literal
Grants, IL is urged, are always literally ex-
pounded, that the dignity and justice Of the Gov
eminent may never be jeoparded by petty eva
sions and technical subtleties.
The Government 10 represented by the Depart
ment OF Justice, and tbs appellants by p. Phil
lips, ex-senator Carpenter and Senators Edmunds
Hiio, the case of the Missouri, Kansas and
Texas Railway Company vs.. The United States.
Appeal from the Circuit Court for Kansas. This
suit is precisely like the one against the Lssven-
worth, Lawrence and Galveston Railroad Com
pany, involving the same principles and calling
forth the same arguments. Argued by the same
counsel.
Supreme Court-In General Term.
Chief Justice Cartier. and Justices wylie,
Humphreys and Macarthur present.
Birch VI. Birch. Argument resumed by Mr..
Bradley for complainant, and Mr.. Webb for de-
James Greenwood, applIcationCfor admission
to bar, submitted TO committee.
Equity court-Judgs DIN.
This court was engaged rs follows yesterday:
Murray ct al VS.. Murray ct al. Sale Of lot Is,
in squire 49S, authorised.
Shoemaker ct al. VS.. Shoemaker ct al. Order
finally ratifying sale.
In re. estate Of Peter Gallant. Decree approx
ing proceedings in probate. --
National Metropolitan Bank VS.. Cruiser. Bond
Kloczrvski vs.. KIoczrwskI. Rule tosshow cause
provisional.
Freedman's Savings and Trust Company vs..
Lanahan. Pro conf esso vs.. certain defendants.
Miles VI. Miles. No decision. 5
Close vs.. Close No decision.
Haase vs.. Haase.S Referred to examiner to
take proof
Oaitleman VS.. NIlands. Decree to be sub
mltted.