The New York herald., 1879-03-12
The Lea., render Test Case.

We publish interviews with several dis
tinguished lawyers of this city relating to
tho agreed case which Messrs. Chittenden
and Butler contemplate bringing, through
the proper preliminary stages, to ultimate
adjudication by the Supreme Court OF the
United States. There is some difference of
opinion among these lawyers as to whether
will regard as real controversy between
actual litigants. Mr.. David Dudley Field
says -
The difficulty. If there be any in the present case.
lies in this that the parties may not be able to make
an affidavit that the controversy Is real. In the
present state of the currency it would be rather tho
submission of an abstract question Of law than
being equal to gold it cannot be of any real in
terest to nybody whether he has tho one or the
tion your question whether an agreed case can be
taken 10 the supreme Court of the United States
REpoTrEa-Is it not hest for the welfare OF the
whole country to have this bone OF contention TO-
moved frcin the field of politics
Mr.. FIkiD-No doubt 1t is matter OF great I'M
portance: but the courts will hardly undertake TO
decide abstract political questions They are con-
stitucd to decide contentious between parties. and
II they see suspect that there is any collusion
they will dismiss the case
We presume it wilL be found that the
judges do not covet an opportunity to pro-
nounce upon question which excites so
much political feeling, and that unless the
contemplated case (Which is yet TO be made
up) should prove to be something moro
than an attempt to procure by plausible
artifice the decision Of an abstract question
no more real interest than the coun-
try OF large, the Supreme Court will
bo too glad to avoid rendering o
decision which would make that tribunal q
football of political controversy. If the
judges are satisfied that the case actually
presented is real case they will, of course.
be compelled to decide it, however reluc-
tant they may be to touch question which
excites SO much political feeling.
Mr.. Joseph H. Choate entertains no doubt
that Mr.. Chittenden and General Butler
"will bring no fictitious but a real case, :"
and he thinks there will be no difficulty in
framing such case. But Mr.. Choate does
not think OF oil that decision by the Su-
preme Court would end the controversy
'Do you think the decision of this case by the
and tinEering with the Ecu Currency questienY' 80
''Not bit Of it, The same thing has been decided
before by the Supreme Court first one way, then
another 1t did not stop the agitation Of the cur
rcncy question either in outside OF Congress.
Politicians live and thrive by agitating just such
questions and IL this matter is decided by the high
est Court members Of Congress will frd some other
phase Of the question and tinker at that. No legal
decision over intereres with the desires of politi
cans and yet 1t is good subject to come before the
Court and should be legally. at least. disposed ef
Mr.. Choate may perhaps be correct in his
conf lecture that decision by the Supreme
Court would not put o stop to the agitation.
The rabid greenback fanatics of the West
might treat an adverse decision as the Dred
Scott decision was treated in the last gen.
eration, making it ground of assailing and
defaming the Court. The natural unwill-
ingness Of the Court to encounter such d
storm Of obloquy and abuse will make
the judges reluctant to entertain such
controversy unless it is made clear to
their minds that they are called upon
to decide real controversy between actual
parties in interest, and not an abstract
legal question. OF course neither lawyers
nor judges can have very definite opinion
of the contemplated case until it is actually
made up and presented. In point of fact,
the motive in which the case originates is
desire 70 procure decision on on abstract
point Of constitutional law. But Chief
Justice DAILY, as we'll as Mr.. Choate, thinks
there will be no difficulty in fixing up q
case which will evade this objection.