The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-12-23
GENERAL WASHINGTON DISPATCHES.

wAsHISGroN. Doc. "a. 1879.
THE LEGAL TENDER TEST sUIT-MoTIoN TO AD-
VANCE THE CASE ON THE DOCKET.
motion submitted by Senator Edmunds in
the Supreme Court Of the United States this after
noon to advance upon the docket the of Angus
tus ID. Juiliard vs.. Thomas 8. Greenman. which now
stands No. 779.
This is test case. brought in order to obtain the
opinion Of the Supreme Court to the validity of
the act of Congress of May 81 1873. torbdding the
further retirement Of the so-called United States
legal tender notes. and requiring Thorn to be re
issued and kept In circulation after their redemp.
tion. The motion to advance In made under the pro-
visions Of rule 20 OF the Supreme Court aud coun-
eel urge In its support that the one special
and peculiar in its circumstances as to justify this
application for speedy hearing; that 1t vital
question to the currency. In reference to which
all commercial transactions the United States are
necessarily made and involves the whole subject of
Congressional powor to maintain the legal tender
quality Of United States Treasury notes in time Of
peace. As evidence OF tho importance OF the case
counsel call attention to the weghty declarations Of
the President Of the United st in his rccont an
nua Message to Congress- to tho reports of the Sec
rotary Of the Treasury and the Comptroller of tho
Currency. to the pending measures relating to the
same subject In both houses Of Congress I,
to tho daily expressions Of public opinion
in thb press throughout the country. aud
to the common experience OF all civilized
nations. which declares the necessity OF permanence
and stability in the law governing the debt-creating
power. Counsel further point out that the decision
either in favor Of against the validity OF the re
Issuing of 1875 will. IL made at an carly day in
the existing state OF renewed prosperity and activity
In trade. work hardship. whereas II the or
tho questions which Il involves were to be decided
ut time when the socailed legal tenders below
par the hardship IL would work on debtors who have
made contracts when rney wcro at par would DO
immense and incaculablc.
Is assumed In this application that the question
involved Is an open In this Court and that its
determination will complete the adjudication ON tho
subject Of the powers Of Congress I'm reference TO
tho Of Treasury notes under the changed state
Of national affairs since the close of the rebeiion
and therefore, not embraced In the decisions OF tho
legal tender reported In IL Wallace 457 60 osi
Counsel submit that tho motion should DO allowed
and tho case SGT down for some day ct tho present
term.
THE LOTTERY wAR--DILL AGAINST THE POST
MASTER GENERAL DISMISSED AND A NEW ONE
TO BE FILED.
This morning the meeting of tho Superior
Court In General Term-Chief Justice Cartier, Jus-
tice Hagren and Justice Cox present--Mr. B. Thomas
W. BARLEY. of the solicitors for AIR. Dauphin.
president and acting secretary of the Louisiana
terry Company. requested the Court to withhold any
decision upon the demurrer to tho bill against Post
master General Key, tho solicitors were momen-
tarily expecting despatch from Mr.. Moulton which
might dispose OF the BILL They were also just in
formed Of the exact vote In the Louisiana Constitu
tlonal Convention On the Louisiana lottery matter.