The New York herald., 1879-12-30
w A S II I n G r o N /.
FROM OUR REGULAR CORRESPONDENT.

WAsuIsGTos. Dec. 20. 1879.
THE LEGAL TENDER TEST CASE PROBABLE DE-
NAL OF SENATOR EDMusps' MOTION TO AD-
VANCE 1T ON THE CALENDAR POSITION OF
THE COURT.
1t said by those familiar with the practice of the
United States Supreme Court that it is very doubt
tul whether the motion made by Senator Edinunds
to have the legal tender suit advanced viii bs
granted The given Is that the suit is one in
which the government Of the United States ia
directly Interested. and official has appeared for
the government. As ut present there are but eight
judges capable OF discharging the duties'assigned
them. It is possible ii the were advanced
that. after argument. ths polling Of the Court
might disclose that Its members equally
divided. In that event the sought be settled
would remain it Is. 70 be reargued At some future
day And in this connection 1t is said that the JUS
tices not unmindful of the criticism passed upon
the Court when the legality Of the Legal Tender act
was first argued at the December term In 1869 and
again two years later. There are now three new
members Of the Court-namey. CHIEF Justice
Waite. Justice Hunt and Justice Harlan. Justice
Hunt being iDcapacitated tor duty. there re1ai2 y
eight members. OF these Justices Clifford and Field
hoard both arguments and are already known to be
committed against the legality OF the Lega Tender
who heard the argument in the legal tender at
the December term OF the Court in 1870, Justices
Miller. Swayne, Strong and BraaAey record as
sustaining the validity Of that for certain pur
poses. The opinions of Chief Justice Waite ana
Justice HARLAN have never been evoked.
Without drawing . parallel 1t is said that ma
jority of the Justices. If not tho entire number
to involving the Court at tho present time in
the consideration OF question in advance which 10
frsught with political issues, and that, too. upon
the Of Presidential election. The fact that the
case must como up some time. 1t is said. does not
bear upon the motion submitted for its advance
ment now. The very purpose OF the motion Ia to
obtain ANAL decision upon the validity Of she
issue by the government OF certain legal tender
notes in time OF peace. which known by the
ord submitted to be part of the issue decided to
have been necessary q war measure. The decision
Of the Lower Court in this being only pro sa.
that in connection with the possibility of an evenly
divided court upon the opinion sought. has given
r7se to the report that the motion Of Senator
Edmrnds Will be denied.
GENERAL SHERIDAN AND THE UTE TROUBLES.
The Secretary Of War said to-day that. while the
department. was exercising usual vigilance in tho
neighborhood OF the Ute reservation. there was no
danger OF attack apprehended at this season of the
year. He said he didn't know Of any reason why Gem
era Sheridan should not accompany the exPresident
hts trip to Cuba. as General Sherman would
give the Indian troubles his undivided attention.
and the movements of the troops in such campaigns
were made by telegraphio orders and couriers so
that General Sheridan was in Chicago he would do
NO moro than General Sherman could do In Wash'
ington. For that reason he did not anticipate any
TO 60 beyond the seas.
THE LOTTERY wAn-cLosE OF THE ARGUMENT
IN THE SUIT AGAINST THE POSTMASTER GEN.
ERAL-v1CToRY FOE THE DEPARTMENT AN
TICIPArED.
The hearing in the lottery before tho Supreme
Court of this district completed to-day. senator
Carpenter closing for the lottery men. The present
hearing Is upon an amended bill which was hlcd on
tho day when Chief Justice Cartier ready to de-
liver his opinion. Just as he was about to be-
gin its reading the lottery attorneys made
motion to dismiss their bill. with notice that
they desired to nle ON amended one. This was
granted. Tho move was understood to bo for the
purpose of securing delay aud avoiding for tho time
tho weight Of adverse decision from Juoge
carttar Those members Of the Bar who have been
following tho matter being attracted by the unusual
array OF counsel OF the opinion that such adj
ditona points have been brought out in the second
hearing as will change the opinion OF the Court ~
made up the close Of the first hearing. The OH
cers of the Post OfRce Department are confident
that the Postmaster General will DO fully sus-
tanned by the Court when the lottery
men will at take an appeal to
the Supreme Court. In the meantime. however. tho
department will continue to enforce Its orders, and
before the Supreme Court render final decision
in the case is hopeo by the officers Of the Post
onco Department that Congress will have passed =
49, ~f 81, D,at-
master General and fully sustain him in the posi-
tion he has now taken. It Is said that powerful
array of legal talent will be engaged well as the
usual appliances Of the lobby to defeat any legiss-
ton Of the kind recommended by the Post Ofice
Department.
The complainant rests his application for an In
junction upon the following propositons:-
Fyyst-That the act OF Congress upon which the
action OF tho Postmaster General Is based IL uncon.
stitutional void vestng judicial power in the
Postmaster General, as inhictiEg punishment with.
out trial. aud depriving the person OF ife liberty
or property without due process OF law.
Second-That it is tho duty OF the judicial branch
Of the government to restrain proceedings OF the
Postmaster General which would produce results
orbldden by the constitution.
Third-That An inj junction mandatory In fact viii
be granted by court Of equity wherever It is neces-
sary to restrain continuing wrong. and that the
Postmaster ut New Orleans is the Postmaster Gen-
erals agent in continuing tho wrong.
Tho argument for the Postmaster General briefly
stated. is as follows:-
First-That the oct is constitutional. /. Because
1t docs not confer judicial powers. but simply calls
for tho of Judicial functions necessary for
administrative purposes. 2. That 1t does not de-
prive the all facilities but only or certain
postal facilities that this is only q result aud
not the purpose of the statute which is the 'pro-
lection of the mails.
Second-That tho registry system is o peculiar
privilege to be enjoyed only by those who do not
abuse its facilities and subject to the condition ex-
ercised in tho case OF the Postmaster General.
Thtrd-Thae q
be xercised by the Postmaster General, but act
OF Judgment and discretion which is not tho sub.
jcct of q mandatory writ.
THE JAPANESE LEGATION AND THE Ex-pREsI.
DENT.
In the despatch printed in tho HERALD OF yestcr.
day from Philadelphia there wero two errors
IN regard to matters rotating to the Japanese Legu
tion Minister Yoshda Kiyonari has not returned to
this country yet and while Mr. Yoshida Djiro tho