Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-12-23
WASHINGTON.
Tho Postmaster General Sustained in His
E Lottery Ruling-supreme Court Opinions
Validity Of tho Legal Tender Act--Gen.
oral News. ~
SUPREME COURT.
OPINIONS FILED.

"'a-f t1. OPINIONS FILED. 80.
WASHINGTON, Dec. 22.-The following So.
preme court decisions were rendered to-day:
No. 81. J.. J. Kahn, Bishop & 90. vs.. e. G.
Gibbony, executrix. Appeal from the circuit
court for the western district of Virginia
This was soft to enforce the bequest made in
the last will andltestament of Malvina Nathans,
TO the Roman Catholic bishop of Wheeling, or
his successor, to be by him held in trust for
whatever religious community the testatrix
might belong to at the time of her death. She
died member of the Roman Catholic sister
hood of st. Joseph. The court holds that since
the bequest in controversy was not made to the
bishop of Wheeling personally, but to the
blsh0prlc, and since the community
for whose benefit -. it wa.
intended is unincorporated, and has no legal
existence, the validity of such bequest can only
be submitted on the ground that it is for q
charitable purpose, and as such does not ap-
pear to be the case, and since it has been re-
peatedly held by the courts of Virginia that
charity when the objects are indefinite and un-
certain the decree of the circuit court dismiss.
ing bill Of plaintiff below is affirmed with
costs. - $780,
No. 1.022-The Central railroad. company,
VS.. J. K. Shutter ct al. Motion to vacate gu
persedeas bond on account Ct fraud. granted.
Motion for leave to file new supersedeas bond
denied, and motion to dismiss denied upon
certain conditions to be fulfilled by appellant.
motion was submitted by Senator Ed
munds, in che supreme court, this afternoon,
to advance upon the docket the cause of Au.
gustus D. Julliard vs., Thomas s. Greenman,
which now stands No. 179. This is = test case,
brought in order to sustain the opinion of the
supreme court as to the validity Of the act of
Congress Of May 81, 1878, forbidding further
retirement of so-called United States legal ten
der notes, and requiring them to be re-issued
and kept in circulation after redemption. The
motion to advance IS made under the provis-
ions of rule 26, supreme court. and council
urge in its support that the case is one 80
| special and peculiar in it's circumstances as to
Justify the application for speedy hearing,
that it raises vital question az to the currency,
in reference to which oil commercial transac-
tions in the United State. are necessarily made
| and involves the whole subject of Congressional
power to maintain legal tender quality
| Of United States treasury notes in time OF
peace. As evidence of the importance
of the case, counsel call attention
to the weighty declaration of the President oil
| the United States in his recent annual message
to Congress, and the reports of the SECRETARY OF
| the treasury, the comptroller of the currency
| to pending measures to che same subject in
both houses of Congress, to the daily expires.
sions of public opinion on the press throughou
the country, and to the common experience OF
| all civilized nations which declares the neues.
| sity OF permanence and stability of the law
governing the debt creating power.