Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1879-04-30
EASTERN E S.
NIGHT
SPECIAL nc THE EUREKA DAILY SENTINEL.
Washington Intelligence.
AN IMPORTANT SUPREME COURT DECISION.
other Notes from the Capital.
M.surxaror- Anril %.

preme Court decision in the case Of George
Burt, plaintiff in error, vs.. Maria NJ. Pom
poud, in error to the Circuit Court Of the
United States for the Northern District
of Florida. This was an action of eject.
ment brought to recover possession of two
lots Of land which defendant in error claims
under certain deeds. Among the errors
assigned was the railing of the lower conri
to the effect that UocetSia Henry Holmes,
called to be a juror in this case. was not
obliged to answer questions touching his
qualifications as a juror under section $40
Of the Revised Statutes. Under this rul-
ing Holmes declined to say whether he did
or I'D not participate in the rebellion. He
was challenged on the ground that he was
disqualified under the aforesaid section of
the Revised Statutes, and the Court over
ruled the challenge. Upon this point the
Court holds that the juror is no more OBJ
liged than a witness to disclose OIL oath his
guilt of any crime or of any act which
would render him informer. In order to
test his qualifications as a Juror, questions
were asked him which, if answered in the
Affirmative, would have convicted him Of
the crime of treason. Whether ~pardoned
by the general amnesty or not. the crime
was one which, in the opinion of the Court,
he could not be required to disclose in
this manner. If he were guilty the
challenger had a right to prove it
by other competent testimony. As he
did not offer to do this, and as
the jurors incompetency was not proven,
the Court was not bound to exclude
him. As to the ownership of the lots, the
Court holds that there is sufficient evil
dence OF the defendant of prior possession,
and that she is entitled to them both. JUS
| ffpa Mtllar Ja1fxrono1 Tho A.i,sA, I.-..~
Field delivered a separate concurging opin-
ion, with regard to to the test oath de-
manded of the Juror Holmes, as follow :
l agree with the Court that the Juror
Holmes, in this case, cannot be required
to answer questions put to him, but / 80
further l do not think that the Acts OF
Congress, which, by requiring a test oath
as to past conduct, excludes a great major
ity of the citizens of Aalf the country from
the jury-box, is valid. In my Judgment
the Asst is not only oppressive, odious and
repug,sant to the spirit of our institutions,
but is clearly unconstitutional and void.
As a war measure, to be enforced in insur-
gent States, when dominated by the ma
tional forces, the Act could be sustained;
but after the war was over and the insur-
gent States were restored to sneir normal
and constitutional relations to The Union,
it was as much out of place and as inoppor-
tune as would be a law quartering a soldier
in every Southern man house.
Justice Strong dissented from the opin-
ion of the Court.
The Treasury Department is advised
that the instructions in the circular of
April 18th, reserving refunding certificates
Tor sale i'll sums not to exceed 500, are
being evaded for speculation, and an
nounces that where such evasion is mani
Test, or where any other person claims
more than 500, either for himself or
others, the certificates will be refused, and
the authority of any designated depository
who fails to enforce the regulations Will be
withdrawn, and commissions will not be
allowed on such sales made by hir,
Owing to the great pressure upon the De-
partment in the issue of four per cent.
bonds, already subscribed for, and the re-
demption Of called 5-2os and 1850 bonds,
the conversion Of refunding certificates
into bonds will necessarily be postponed
until on or after july LIST.
The President has nominated Charles II
Lowan, of Illinois, as United States Attor.
ney for Wyoming.
The bill agreed upon by the House Coin
age Committee to-day provides that any
holder of silver bullion shallbe entitled 10
convert the same into standard silver dol
lars OF 412h grains each, or into bars at the
same rate of exchange at any mint, but
also prohibits the receipt of deposits of sill
yer for any other coinage. The enactment
OF this bill wosld of course prevent any
further coinage OF trade dollars. 1t also
provides that outstanding trade dollars
shall be e~xchangeable for standard dollars
at par whenever presented at the mint in
sums of $50 or upgards.
7I'ne records Of the Treasury Department
show that ex-senator Conover has been
appointed Inspector OF Customs along the
Florida coast at a salary Of 81 per day, and
that he has accepted the place and is now
doing duty, probably working up the State
for Secretary Sherman's nomination as
President. The ex-senator particularly
requested that the. announcement should
not get into the
Ex-Governor Hendricks Of Indiana was
on the floor Of the Senate to-day and re-
ceived quite an ovation.
A cousin Of General Chalmers of Missis-
sippi was to-day appointed Bill Clerk OF
the Senate, vice A. Moyne, Republican,
removed.
The Senate has confirmed Wilson NJ.
Stanley Of Illinois as Indian Agent at Los
Pinos Agency, Colorado.
Comments Of the New York Press
SA b Congressional Fight.
New YORK, April 30.
The Times" has an editorial discour-
aging the project, recently suggested at
Albany and Harrisburg, of sending a del
egation to San Francisco to welcome Grant.
The writer does not believe in manufacture
ing enthusiasm, or converting what ought
to be a simple and spontaneous expression
OF respect into a display Of carefully re-
hearsed theatrical effect.
What the Democrats will do with the
veto message is the next absorbing ques-
ton. The Tribune" thinks they will
lay it on the table and go into caucus, and
decide on the next move.
The :" Worlds :" Washington correspond
ent says that all the stories that nave been
circulated about the Democrats backing
down or extending for six months the APP
preparations Of the current year are en-
tirely without foundation. TIE Demo-
cratic leaders have made no decision as to
their action in the event Of q veto, simply
because they can not until they know what
the grounds Of the veto are. A prominent
Senato said to-day that they would not
caucus or consult until they knew certainly
the grounds for the Presidents action; but
w "seeh Aasisp' nc coutlnutu, tnab the
people who have the Federal power shall
not use it at all at elections. 1t is pretty
we'll known that some Of the more thought
full Of the Republicans have come to the
conclusion that their party has taken too
advanced and extreme grounds in the de-
bate on the Army bill. The President is
thought, however, to be in the hands Of
the stalwarts.
NEw