The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1875-04-07
WASHlMGTON,
Supreme Court DeClSlOns-Ap-
pOlntmentS by tho Pres
ident.

WASHINGTON, April IT, In the SUI
premc court, case No. POO from the
middle district OF Alabama, was 70.
versed, with costs, and the ease re-
manded, with directions TO allow the
plaintiff to amend his plea.
The court Of claims has decided the
case of Sophia b. Moore, u minor,
against the United States, The treas
ury agent having leased or rented the
lands and house Of her late father In
North Carolina as abandoned property
during the civil war; the court says the
right of action given by the act OF
March II, 1868, applies to rents coll
lected and paid into the public treas
ury under the provisions Of the act Of
July, 1862, 10y treasury agents appointed
by virtue Of the first section OF the
former act, and the claimant is there
fore entitled to recover for rents, but
the right of action given by the act of
March II, 1868, does not apply to the
proceeds OF property which was cap
tured on land by the military and
naval forces of the United States, re-
moved into Il loyal state by said forces,
and libelled in district court before
the passage of the act of July, 1862, and
which was sold and the proceeds
thereofpaid into the public treasury be-
fore the passage of said act.
Appointments. Madison Wells,
surveyor of customs, New Orleans; D.,
M. S. Parker, postmaster, New Or
leans; j. w. Ward, postmaster, Corpus
Christi; BENZ. Conley, postmaster, At
lanta, vice Governor Bard.
The first national bank pays ten per
cent to its creditors on the l4Ch inst.
There are in circulation dangerous
five dollar counterfeit bills on the
Traders first, third and Merchants
national banks, all of Chicago. They
are exceedingly well done. No more
notes of these denominations will be
issued to these banks.
The supreme court will sit on the
famous Elger Cotton case this week.
The case of House ct al. VS.. Mullens,
from the middle district of Alabama,
was reversed.
The state of Texas VS.. Chiles, was
decided. Chiles may, under an act of
congress, be compelled to testify, by
the State in its behalf An order was
made directing his dispositions to be
taken.
Gen. Sickles, it is decided retains his
place on the retired list
Judge Richardson, in the court of
claims, to-day, delivered the oplnion
in the case of Alphonse VS.. the United
States, it being II claim for costs. Fhe
conclusion reached Isl
First-The claimants d0micil found
to have. been in the city of New Or
leans before the war, and not proven
to have been changed, is presumed to
have continued, and been in that city
when the purchases of cotton were
made by him within the rebel lines.
Second-The claimants domicile
being in the city of New Orleans, he
is presumed to have been there per-
sonally until he is proved to be else
where, and the claimant not showing
that he was absent from the place OF
his domicile when that city was cap
tured, April q, 1872, it is presumed
that he was there at that time and
subsequently crossed the federal lines
about the time he is proved TO oe III
the parish of st. Landry.
Third-The purchases of cotton by
the claimant under the circumstances
set forth in the finding were void as
against the law and public policy OF
the United States and he acquired no
title to the property thereby.
The opinion concludes as follows:
Although the public enemies within
their own disloyal territory have u
right to make contracts among them
selves, and such contracts are helu
valid in other countries, we do not
think the claimant acquired that right
by leaving the city of his domicile ana
residence after it had been six months
i'm the possession of the federal forces,
crossing into insurgent territory ana
then accepting office under the conied'
crate government as agent for the eX-
change of its bonds, especially
as it does not appear that lie
intended to desert whollytO theenemy,
and to take up his domicile in then
territory. On principle and theory we
are of the opinion that the claimant is
not entitled to recover
Judge Loring disseHted, saying,
among other things, that the only OBJ
lection made to the petitioners recov-
ering is that the sales of cotton 10 MIN
were made between enemies, and are
therefore absolutely void. In the
whole case think the sales in ques-
ton are valid and lawful, because the
petitioner and those with whom he
dealt were confederates in fact and
name, and all alike enemies OF the
United States when the sales were
made, in October, 1859, and thini
that the time to which the question o.
the validity of the sales is to be re
farra,l andtba onlv time material 10 IL