The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1877-10-23


The bill introduced BY Senator Here
ford proposes 10 repeal the two clauses Of
the Specie Resumption Act which PRO
vide for tho resumption Of United States
notes in excess Of $500, 100000, and ioI
the redemption Of outstanding legal
tender on and after January lst, 1879, In
coin. The remainder Of the Resumption
Act is not referred to,
DECISION MADE.
The case from Indiana was decided by
the Suprene Court TO day, Il turned
upon the question whether Thos. A. Hen.
bricks, as counsel 10 the case below, had
been guilty Of such irregularity in chan
Gerry practice as violated decree Of the
court, found on an appearance by him IN
the fret instance as counsel for the COM
pany, and subsequently for the trustee Of
the Company-the Louisville, New Alba.
ny 4 Chicago Railroad Company, In fore.
closure. The suit did not present any
improper or questionable practice, and
The court affirmed the decree. Justice
Field delivered an opinion.
The Senate Committee on Privileges
and Elections met to-day. Mr.. Kellogg
submitted written statement claiming
that the public documents on Gle with
The committee show that he was duly
elected by the legal government Of Lou.
isIana, but that il the committee should
decide TO consider subsequent events he
will be prepared to furnish testimony
concerning them. Mr.. Spoford orally
and briefly argued thateventB subsequent
to the alleged election Of Kellogg have
clearly manifested decision By the peo.
pie Of Louisiana that the Kellogg gov.
ernment was not legal government and
that the committee is bound to take Judi.
cial notice Of the merging Of the two
rival Legislatures into one, which Is ac.
quiesced in by all tho people Of the State,
and hence must accept the peoples deci.
sion as final and conclusive. lie there.
lore opposed the taking OF any more
testimony. Senator Hill thereupon Of.
fered the following as the committees
report to the Senate:
Controversies heretofore existing in
the State Of Louisiana as to which OF
the two rival bodies was the legislature
Of that State, and as 10 which of the two
rival claimants was Governor Of said
State, having been settled by the Stale
itself since the last adjournment OF the
Senate,
Resolted, That tho Senate do recognize
and accept said settlement as the final
pending action.
Mr.. HOar offered tie following resolu-
tion:
That the parties be heard tomorrow
morning, as they prefer, and that either
party be permitted TO refer to the docu-
tnents described by Mr.. Kellogg in his
written communication TO the Committee.
The question whether any evidence, and
what, be admissible, being reserved until
after the hearing. Unanimously agreed
to, and the Committee adjourned until
tomorrow.
KELLoGO's STATEMENT.
The written statement submitted 10
the Committee on Privileges and Elec.
tions by Mr.. Kellogg, in conclusion, Gays :
lie bad supposed that the range Of inves.
tigatiOn which the committee would be
inclined, at the present time, to adopt in
regard TO the matter of his title to the
seat which he claimed, would be such
that the papers already before the com
mIttee, taken in connection with the
election laws Of Louisiana, would supply
all the evidence on his psrt requisite in
the case. II, however, the committee
should decide before according the seat to
either claimant to inquire into matters
behind said certificate Of the Governor,
and said certificate Of the Secretary OF
State, and behind the statements Of said
Journals Of the two houses, and behind
the returns Of the election officers Of the
State, and il the committee should decide
to investigate the organized violence and
unlawful conspiracy against the State
Government OF La, which, in its first
stages deprived one branch OF said Legis.
lature Of quorum, which it had during
the first part OF the session, and which
ultimately overthrow by revolutionary
processes the lawful government Of the
State; or il the committee should hear
testimony as 10 either Of those matters in
behalf Of the gentlemen claiming the
seat to which am entitled, then and in
either Of these cases / shall Of course ask
the committee 10 take testimony relating
to these matters which / shall promptly
tender them. cannot make any reply
TO your communication more explici,
than this till shall know the range Of
testimony the committee shall decide to
adopt in regard to my title to a seat in
the Senate.
Gen. Sherman is again busy at head.
quarters.
The Senate Committee on Foreign Re.
lRtions will consider nominations 1t their
next meeting.
SUPREME COURT DECISIONS.
The following decisions wers>rendered
in the Supreme Court:
Pratt & Co., vs.. Grand Trunk Railway,
Canada; error TO Circuit Court of the
Eastern District Of Michigan. This was
an action 10 recover OF the Company
damages for violation Of its duty in
respect Of property shipped from Liver.
pool to St. Louis, and carried over its
road from Montreal to Detroit The
goods were stored by the Company on
their arrival at the freight depot there,
and were destroyed by fire the next night.
The question was whether this was good
delivery to the Michigan Central Rail.
road, the succeeding carrier, as claimed
by the defendant. The Court held
that where a carrier allows goods 10
DO deposited in such way with.
out any notice OF such deposit OF
goods amounts to notice and is deliy.
cry. Hence the succeeding road was in
charge Of the property and defendant
entitled 10 judgment in his favor,
Affirmed. Justice Hunt delivered the
opinion.
Mcmillan va, Anderson, error to su.
preme Court Of Louisiana. In this case
it is held that Constitutional provision
that no State shall deprive any person Of
life, liberty or property; does not require
that persons taxed by the law OF State
shall be present or have an opportunity
to be present when u tax il assessed
against him, nor does It require that
taxes shall be collected by judicial pro.
ceeding; also that a statute which
gives the tax payer a right to enioin its
collection and have the validity Of lbe
tax decided by court OF Justice; affords
due process ot law, Notwithstanding IL