National Republican., 1878-12-03
THE SUPREME COURT.

Decisions Rendered by the Court Yesterday.
The following decisions were rendered in the
Supreme Court Of the United States yester-
day:
CONTRACTS OF THE SOUTHERN STATES As
AFFECTED ny SECESSION.
Keith VS.. Clark, collector, &c. In error
to the Supreme Court of Tennessee. It
is here held that bills OF the State Bank OF
Tennessee issued after secession must be re-
ccivcd by the State for taxes, Notwithstanding "
the provision of the new constitution prohib-
iting 1t. The decision Is to the effect that tho
twelfth section Of the charter of the bank
(cnactcd before the war;, which provides that
the issues of the bank shall bo SO received con.
stitutes contract on the part ofthe State which
the new Constitution sought to impair, but
which must be sustained under that clause OF
the Federal Constitution guaranteeing protec.
ton In such cases. The court thus refuses to
recognize the theory advanced in tho argument
that there were two States Of Tenncssee-the
one loyal and tho other rebel-holding that
such doctrine Is contrary to the principles OF
sell. government, contrary to tho doctrines OF
international law, and to the decisions Of this
court. Tho obligations Of those States created
by the contract Of the charter continues, and
there is nothing In the relations sustained be
tween 1t and tho General Government to affect
it, Mr.. Justice Miller delivered the.opinion.
Dissenting-I'he Chief Justice and Justices
Bradley and Harlan.
CONDITIONAL RESIGNATION OF OFFICIAL Po.
sIrIoN.
Mimmack VS.. United States. Appeal from
tho Court of Claims. In this case it Is held
that resignation Of official position written
by the Off .er and signed by him, without date,
to take effect upon the happening of u certain
event. and which Is placed in the hands of an.
9th OH m hn for rxyn A Cd n In ba,n
Ing of that event to the proper Department
Is resignation as full and complete us
II 1t had been dated and forwarded by the re-
signing officer; aud that when forwarded by
the officer having 1t in custody for tho pur'
pose and accepted by tho President a vacancy
is created, and that subsequent revocation Of
the acceptance docs not restore tho rcsigning
officer to his position. Mr.. Justice Clifford
de livercd the opinion.
FRAUDULENT IMPoRTATIoNs UNDER TIE ACT
OF 1928.
United States vs.. Claniu ct al. Error
to the sou thern district Of New York. In this
case IL is held that no suits for forfeiture can
be maintained under the act Of 1923 for acts
done after tho enactment Of the act Of 1886
because the latter act, In repeating all other
acts aud parts Of acts conflicting with or sup
piled by it" must be held to have been q re.
peal Of the former one. Clafin & Co. were
charged under the act Of 1923 with
receiving and purchasing silks which
had been fraudulently imported, knowing
this fact. and that the goods were In conse-
quence liable to seizure, the penalty being the
payment of sum equal to double the value
Of the goods, and the allegation being that the
acts were done in 1871, 1872 and 1873 The
decision that tho penalty of this act was re.
pealcd by the act of 1866. which prcscribcs
different penalties for the oflense, holds the
action not sustained. Mr.. Justice Strong de-
livered the opinion.
AN IMPORTANT DECISION IN BANKRUPTCY.
Erwin vs. United States. Appeal from tho
Court of Claims. In this case 1t Is held that
claims for compensation for the possession, use
or appropriation of property, whether against
the Government or private parties, constitute
personal estate equally with the tangible prop
Crty itself out of which they grow, although
the validity of such claims may be denied and
their value may depend upon tho uncertain
ties of legislation or the doubtful result
upon appeal to tho Legislature. Hence a claim
against the Government for tho proceeds of
cotton under tho captured and abandoned
property act Is property in such sense as to
pass to tho assignee by proceedings in bank
ruptcy 1t is also decided that a demand Of n
bankrupt which Is Outlawcd must 20 to tho
assignee, for contingencies may arise In many
ways which will give value to IT,
In this case 1t is said the claim passed to the
assignee in bankruptcy, and subsequent pur
chase of uncolected demands in favor OF the
baukrupt's firm by him did not include the
claim in suit Affirmed. Mr.. Justice Ficld
delivered the opinion.
THE DEFICIENCY TAX on DISTILLERs.
Stall, collector, &C., vs. Pepper. Error to
the District OF Kentucky. In this case 1t Is
held tnut where n distilior uses material for
distillatiou in excess Of the estimated pro.
ducing capacity OF his dstillcry, and In the
regular cLu..c OF his business pays the taxes
upon his cn:.Ie production, he cannot be
agA.i. assessed as ior deficiency on the eX.
ress the material used should have produced
according to tho estimate made by the rev.
upin.Jn.
TRIAL ny ARBITRAToRs.
Nrwcomb Us. Wood, assignee, sc. Error to
the nvIi iueru district OF Ohio. 1t is here held
that W,.cn parties 60 to trial without Obiec-
tons rc'ure Arbtrltnrs. who are not sworn us
prDvmrI ny law, the proceeding Is 4 waiver OF
luc ri..lt Iu have tEcm sworn. Ana where nut
lwo q! lnu GIhitrttDrs signed the report,
Nn,u u'. nrr required 10 agree to It hy law,
!"r ig"CUirity must be called to the at"U
iiu.r Ut tue ruulJ at tho Inn, ui the rurIirm o.
iDI. oi ;uc rrIurI, anL ii this IS not dJ.." iNr
lH.!t { tAaCt lIir signatures h Al, wl.l b. l,'A
I. E,,,t Hrvn waived also. Affirmed. NJ. jus
tic SWHymC delivered the opinion.
Death Of liishop wnmrr.
Nrw ORLEANS, Dee. .. -RigAt Rev. J b. =.
Wilmer, bisnop Of the A'I".ac OF LOUISIANA, u ma
liyrui Virginia ..uu al rr,. ,iaty.Gyc yeats, ,lrd
suudculyNi the 81. C.. nrl 2, Hotel, in this city,