Evening star. [volume] (Washington, D.C.) 1854-1972, 1880-10-29


has at no time been under the protection OF
troops The troops have not 1nterfered with
civil process nor are they In any waysliable to-
Iney I'M nave Deen 1 neutral at all times Indians
sented TO the absence OF Agent Berry and CON-
missioner Meacham l anticipate no trouble
here now. Capt. Stiller and Acting Assistant
surgeon Rowan left here this IL N. In Obedience
10 summons issued by state and federal author
tiles 10 appear as witnesses at GunniSon city
ard at Denver. think now that the crisis is
past. There is no doubt but that the indians
expected an invasion of the reservation by a
large force for the purpose Of arresttug Agent
Ferry and Commissioner Meacham. l need no.
say what would have been the result had chi,
occurred. No persons have been elected from
reservation or arrests made By military
<sighedD FLETCHER, commanding
Mcbride Against Secretary Schurz.
MOTION TO STRIKE FROM THE FILES OF The
q. S. SUPREME COURT "A sCANDsLoUs ARGU-
MENT."
The Attorney General in the Supreme Court
CT the ULtted States to-day submitted the fol-
Lowing formal motion: 'In this case the At
torney General moves the court for an order
striking from the files. on account OF Its scanda
lous character, a pamphlet placed there by and
purEOrt1ng to be remarks Of Mr.. James II.
Vaudeville. counsel, Tor the piaintif in error,
reserving the right after the argument Of ths
case. to make such further motion, If any, as
circumstances may seem to require
The Auorney-General cited extracts from the
pamphlet In question tn support OF his assertion
as TO It's scandalouS character. The case Is that
of Thomas Mcbride vs. Carr Schun, Secretary
OF the Interior. Mcbride took out Homestead
patent for certain lands lying within the c)r-
porate limits Of Grdntsville, In Utah Territory
which patent was Cancelled by Secretary Schurz.
Mcbride applied to the Supremetour5 OF the Dis
trict of Columbia for 'mandamus to
compel the Secretary to restore the patent.
which application was refused b. Chief Justice
Cartier, and the case was then appealed in error
10 the Supreme Court OF the United States, 1t
tC 0i flnf ,lp~f
issued 1or lands In Utah located within the
limits of corporate city, and 1t is asserted
That In order TO prevent those who are
net Mormons from acquiring title 20 the
puDlic lands In the territory tine Mormon lagls.
lature has covered almost the whole face Of
utah with Incorporated cities ION pape-1 Grants
vile. which has population OF less than 1000
souls. is said to include IN its corporate limits
l4,0Ud acres OF the public lands. Mcbride is saiI
TO be On apostate Mormon. Tae extracts from
the remarks of Mr. Vaudeville, to which tine
Attorney General takes exception. consist OF
violent attacks on the executive AID the cabinet
ministers, anG intimatious Of partiality of the
supreme Court itself and turbulence To the al
min!stration, which Mr. Vaudeville contends Is
Justified by the circumstances OF the case The
following will give an idea OF the language
used:
.To strip man of his political rights, or to
take aw2y his property to give & TO another
these are not executive, they are judicial acts
Carl Schu1Z, as an executive officer OF the gov
eminent. mas done just these judicial acts. He
strengthen MorInOnism. This arrogant scion
CT imperialism, this solder Of fortune this
traitor TO his country, this fugitive from justice
waited from Germany to America upon the
wave OF revolution, and now head Of the Amer
1can home department, comes here before thi J
tribunal OF last resort, backed by the power OF
the administration, and pleads that. By virtue
OF his high Office. because his duties tmOly
wise exercise CT jttdg3neat and discretion tnat
he is not amenable to any court for his minis
teri teElai acts: Nj Chief Justice we propose rlghG
mere 10 clip the wings upon which this sell
sufficient agent OF the people assumes to soar
TO dangerous greatness.
Your honors can never make the good, plain
people In this land believe that this court is the
palladium OF their liberties t rights of person OF
property cGE be swept OUT OF existence ~ havs
neen the rights OF Thomas Mcbride, and then
tHat the United States Supreme )urt VIII dpny
relief because it is sensitive about interferIn
with cabinet minister. These same plain PEE
PIE VINO Toll and SWEET TO support this govern
ment. and who have fought to preserve It as til =.
DeSt o. al governments, II you coidiy turn them
out or court because you hold a cabinet minister
above The reach OF aw. will justly suspaca tha5
you are controlled by The same patronage whicn
save such officers from the wrath OF the legs
.atuTe."
The following is an extract from portion OF
the argument crlticiSiEg Chter Justice Cartier.
OF the District Of Columbia Supreme Co ,rt:
Judge Cartier knew il he granfeI the .Fri j
that be would have no further influence with
cabinet ministers, and from his interest in tn
presidential election four years ago In the state
OF South Carolina, and also in the present Gle
uon, it is not unkind to say that he values his
political influence more than he does consist
eDt record as chief JUSTICE
MIR. Mandevflle, N his argument comments
upon the action OF Attorney General Ueyen5
when T. S. marshal for Massachusetts in 1851.
for the part he took in sustaining the fugitive
slave Thomas Sims, and says: 'In 1851, ire
SpectiVe OF official duty, 1G was known that the
present Attorney General was at least friendly
to one OF the tWin-sisteTs, African slavery, and
now 1t would seem that he is here as the guar
dian and protector OF the other cyprian twin
sister, MormODi5m.' He also speaks OF the
President in pretty much the same STYLE ana
Charges that the whole policy of the President
and his administration has been to prOtecs and
uphold MorInonlsm.
THE MOTION TO STRIKE OuT THB ''SCANDALOUS'
NATTER GRANTED
When the motion was made TO- day, the Chief
Justice called for the printed argument, aad
after giving II casual examination said. "a
tones OF severity, sThe motion is granted. Tue
argument is scandalouS In its nature and IS
eXpunged frCEl the records OF the COURT T-nis
episode created something OF a sensation. Hal
been followed by motion TO disbar Mande-
vile from practice before the court such motion
would, 60 coubt, have been granted. tnasmucu
as the Chief Justice and lis associates feel that
the privileges OF the court have been outraged
by the filing OF the pronounced scandalous doc
umeut.