Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-10-30

Brief That DenOunces Carl Schurz Put
Out of Court---A CoIored Republican
Saved Till After Eject ONO Chris
tiancy Cuts Down His Wifes AIimony.
WASHINGTON, Oct. 29.-In the supreme court
to-day case No. TOT was considered. 1t is en-
titled "The United States ex rel. Thomas Mo-
tary of the interior" A motion was filed by
the attorney general for an order to strike from
the files on account of the scandalous character
of the pamphlet placed thereby and purporting
to be remarks of Mr.. Jas. H. Manderville of
counsel for plaintiff in error in this cause. The
motion was argued by Assistant Attorney Gen.
eral Smith IN support of the same and MIR.
Manderville in opposition thereto. Upon con-
sideratlon the court ordered the pamphlet in
question, purporting to be the brief of Mr..
Manderville of counsel for plaintiff in error be
stricken from the files of the court on account
of impertinent and scandaIous matter contained
therein. Among the passages to which the at
tentlon of the court was especially called Is
one upon the secretary of the interior, who is
destribed "a an arrogant scion of imperialism,
a soldier of fortune, traitor to his country
and a fugitive from jnstice, from Germany to
America. upon the wave of revolution" An
other passage is as follows: ''Your honors can
never make the good, plain people in this land
believe that this court is the palladium of
their liberties if the right of their property can
be swept out of existence as have the right,
of Thos. Mcbride. and then that the
United States supreme court will deny relief
because it is sensitive about interfering with a
cabinet minister. These same plain people,
who toll and sweat to support thip government
and who have fought to preserve it as the best
OF governments, if you coldly turn them out of
court because you hold cabinet ministers above
the reach of law, will Justly suspect that you
are controlled by the same patronage which
saves such officers from the wrath of the legis-
lature."
Chief Justice Carter, of the supreme court
of the District of Columbia, to-day, in the
case of Samuel l.. Perry, colored man, ar
rested on requisition from North Carolina,
where he is charged with forgery. announced
his decision, ordering the prisoner into custody
of the agent of North Carolina. Perry, there
upon, by previous stipulation of counsel on
both sides, Immediately filed petition for q
writ of habeas corpus alleging unlawful de-
tention, and asserting among other things that
the requisition is insufficient and illegal; that
he Is not guilty of the alleged offense; that he
has not fled the jurisdiction and further be-
lieves his extradition is not sought in good
faith. but because Of his relation to certain
political affairs, including the so-caled negro
exodus, and that he believes if sent to North
Carolina he will be in great bodily danger.
The petition was presented to Judge Wylie,
who ordered the writ to issue returnable before
him at chambers forthwith.
The agent of North Carolina specifically de-
MED Perry's allegations. The hearing of the
case was postponed until November s, and
Perry was admitted to bail in 1000.
Judge Cox, in the equity court. to-day. made
an order in the Christiancy divorce suit, re-
ducing the allowance for alimony, pending the
result OF the trial, from $l50 to $100 per
month. The reduction was granted upon the
strength of an affidavit of Minister Ohristiancy.
He alleges that he is unable to pay a greater
sum by reason of heavy Indebtedness and the
needs of the rest of his family. He also as
serts that none of the charges of cruelty, of
personal Ill usage, can be proved, otherwise
than by false testimony; that he believes it
necessary for the protection of his rights that
he should be present at the taking of testi-
mony; that. thus far, he has been unable to
obtain leave of absence from his post, and that
be intends to avail himself of the first oppor-
tunity to return home and defend the suit in
r1arSOu