National Republican. (Washington City (D.C.)) 1872-1888, 1876-04-18
THE COURTS.
Supreme Court Of the Uaissd States.


Supreme Court Of the United States. I
| = IL. = t.sg..r..r MONDAY. April l.. I8!5
No. 10. lanes b. Pace plaintiff in error, VS.
An.I Burgess collector, Sc In error TO the Cir
| euit Court OF the United States for the Eastern
cred the opinion Of Inc ecIt asmn@ ~ ius
sn' ei 'ie said Circuit Court in this cause will
Z No, 1s4: John Montgomery. ir. assignee. &C.
pIainiif IN error, Is. The Bucyrus Machine
NSrsS In error 70 the Circuit Court Of the Uni.
ted states for the Western district Of Missouri
DIR. Justice Davis delivered the opinion OF the
court, sisInias the Judgment OF the said Circuit
Court in It's ause. nth costs.
No. 5Gl. Henry u. Miller, collector, &c. appel.
liant, W. Morris X. Jessup ct ST.; -
No. I02 Isaac Taylor, collector, &c.. ct al, ap-
pelIants, vs.; James I. Seeor and VIM. Tracy;
No. doS Herman Lieb and II. b. Miller, col
leetcr &c, ct a., appellants, vs. Henry p. Kidder
and Daniel .: Stcne. Appeals from the Circuit
Court Of the United States for the Northern dis
trict u Illinois. Mr. Justice Miller delivered the
opinion Of the court reversing the DEGREES Of the
said Circuit Court. with costs, and renanding the
causes with directions to dissolve the injunetons
No: 1856. Robert A. Phillips, plaintiff in error,
vs.. Charies W: Payne. In error to the Supreme
Court Of the District Of Columbia. Mr.. Justice
Swayne delivered the opinion Of the court affirm
ing the Judgment Of the said Supreme Court in
| this cause. with costs.
No. I9S. SeraL O. Savage, cxeeutrix, Sc. ap-
pellant, vs.; The United States. Appeal from the
Court Of Claims. Dir. Justice Clifford delivered
II,
Of the said Court of Claims in this cause.
NO, III. q. DE Rosset Lamar, executor, Sc,
plaintiff in error; vs.. Albert e.. Browne ct al,
special agents, sc. In error to the Circuit Court
ofthe United States for the District Of Massaehu-
sets. Mr.. Chief Justice Waite delivered the
oP in OF court, aihrming the Judgment Of the
said Circuit Court in this cause with costs. Dis
senting, Mr.. Justice Field.
No. 30. L. H. Wilson and S. V. Niles, execu-
Fulton Railroad Company. Appeal from the Cir
cult Court Of the United States for the Eastern
announced the decision Of the court affirming the
decree Of the said Circuit Court in this cause,
with costs and interest.
No. 900. Michael McStay ct Al DlalptifS IN
error, vs.. Jos. :. Friedman. The motion to dis
miss this cause was submitted on printed .argu-
Leave granted plaintiffs in error 10 file brief in
opposition to motion.
No; al. Frederick Robert ct al, appellants. vs..
Inc Propeller Galatea, &C. The argument of
this cause was commenced by Mr.. Il. ID. Benedict
OF counsel for the appellants.
Adjourned until tomorrow at l. o'clock.
REDEMPTION OF THE BONDS OF 1881.
In the case of Savage, executrix against the
United States, the claim was for the difference
between gold and bonds of the United States upon
the surrender Of certain bonds OF the loan of 1851
taken by the plaintiffs husband. Savage insisted
that he was entitled to gold; that jay Cooke &
Co., who negotiated the loan, advertised that the
rendered his bonds and accepted Treasury notes.
entering protest. The court held that the vol.
untary acceptance Of the Treasury notes and the
and that the protest is insufficient to qualify the
enect OF the waiver evidenced by the acceptance
such q protest, being unauthorized by law Is
mere ca P0rfe act, without legal efficacy In this
view Of the case the question whether the bonds
ought to be paid in gold did not arise as the case
Clifford delivered the opinion.
THE VIRGINIA ToBAcco-rAx CASE.
In the case Of Pace against Burgess, collector OF
internal revenue, the action to recover duties
paid by Pace on packages OF tobacco for export
On the ground that the. tax was unconstitutionai
and void, the Federal Constitution having de-
clared that no tax or duty shall be laid articles
exported from any State. The Court, however
md that the stamp was intended for no other
purpose than to separate and identify tine pack
ages which the manufacturer intended to export
and thereby, instead Of taxing it, to relieve it
nom taxation to which all other tobacco was sub
1ected- 1t was means devised to prevent fraud
and secure the faithful carrying out Of the de-
clared intent to export. MIR. Justice Bradley de
livered the opinion.
ALEXANDRIA LAWFULLY PORTION OF VIRGINIA
In the case of Phillips against Payne, yester-
day decided in the Supreme Court, the question
was upon the validity OF the retrOceSSiOu of Alex
andria TO the State of Virginia. The Court held
the retrOeession to have been n political act
of the United States and the State of Virginia,
concurred in By both governments since il was
effected, Virginia all the while retaining IN
challenged Possession; that de fdcto govern
ment, in undisputed possession. has the same
rights as government de jHrc, and its authority
cannot be questioned in such way. The plain
tiff is estopred to raise the question, and the court
is concluded by the action of the political
department: MIR. Justice STayne delivered the
opinion of the eoert.
Court in General Term.
The Court in General Term met yesterday and
without transaetins any business adjourned over
for one week.
Circuit court-Chief Justice Cartier.
Collins vs.. Washington Market Company. Yer
Tiffany s Co. vs. Foote. Judgment by default.
oN
credit in the hands of George ". Stieknoy con-
demned.
Bundy VS.. Boswell. Jury respitcd.
ASSIGNMENTS FOR TO-DAY.
Nos los, H. PIP 209 217 49, -. q,3 III d III
~, "a 2$, sd, 81 $50 20 al 2i2 ~ 2is and "a
Equity court-Judgs wylis.
Smith VS.. Metropolitan NTidlings Purifying
Company. Decision directing bill dismissed with
Davis vs.. Chinn. Restraining order continued
National Capital Real Estate vs.. Browne. De-
cision in behalf of complainant.
kleindiensh VS.. Bennett. Bond of trustee.
Paris vs.; Ware. Appearance of absent defend
Barbour ct al. vs.. Van Hook Possession de-
creed.
Howard vs.. Cathcart. Thirty days allowed to
Estate Of VIM Whitman. Leave to Withdraw
for file certain deed to he recorded.
Clements VS.. Clements. Confirmation Of audi
tors report.
MduSniLn Hs. " ihter. Conveyance 10 pur-
Hilton VS. Hilton. Vacation of reference to aud
it0r and leave to defendant to take proof.
Duane vs.. Straining. Specific sum awarded by
consent.
Goldman vs.. Moore. Rebate of interest allowed
to F. Schneider, purchaser.
johnson X Co. vs.. Dexter al. Bond OF trustee
Hendlcy vs. Dackett Reference to auditor to
report on property if sold
Hickey vs.. Hickey. Decree of divorce and re-
sumption Of maiden name.
Thornton vs.. Grammer. Bond of R. R. Perry,
trustee.
Reese VS.. Bradley. Reeommittal Of cause to
auditor.
Yates ys, Csssin. Order ratiGying auditors re-
Baltimore and Ohio Railroad Company IS. Dis
trct Of Columbia. Referred to General Term, to
Linyllle vs.. Murdoch. Receiver decreed to be
paid for examination.
Beale VS.. Mcnamara. Substitution of trustee
Marshall VS.. Green. Contract in behalf of in
fants confirmed.
West VS.. Keyser ct al. Vacation of pro coaEesso
and leave TO file answer, as Of April Is, 1875.
Humes VS.. Dowd. Decree constituting will in
reference to Masses for repOse of soul
Peters VS.. Luten Lea ct al. Decision directing
decree for perpetual injunction.
Adjourned until April q.
Criminal Court-Judge Macarthur.
The case Of Thomas Curran. under two indict- |
ments burglary and assault and battery with IN |
charge; Assistant District Attorney Wells for the
Government, and VIM. A. Cook and Daniel Cahiil /
for the defense. Guilty; three years in the Peni-
Tertiary,
Henry Matthews Iaeeny. Acquitted.
John Murphy; rape On Emma Heck. q little |
girl nine years Of age. Without concluding. the |
court adjourned until 10 a. m. to-day.
For other business in this court see local |
columns.
DIED. |
MCQUADE.-nn Monday. April Il. is7s, at o::D |
O'Clock. OWEN MCQCADE. in the thirty-thirI year
of his age native of the County FcFmanall Iri.-
Land. and for the past thirteen years resident of
this city, also respected member Of Hibvruia So