Morning journal and courier., 1881-01-24
News by Telegraph FROM ALL QUARTERS. THB ELECTORAL COUNT Coming Up For Discussion
 in the House. A Sharp Contest Apprehended. A Threatened Test Of PhS-
 sical Endurance. Serious Accident oh the Erie. Several Train Hands Burned to
 Death.
Serious Accident oh the Erie.
THE NATIONAL CAPITAL.

The Electoral Count-The Matter to Be Brought Up i'm the House = Bitter Fight i'm Prospect-The PostOf1ice Alp propriation-Other Matters.
 WASHINGTON, Jan 23.-Mr. Bicknel will
 make another effort this week to bring the
 House to the consideration of the joint rule
 for the counting of the electoral vote. If the
 Republicans resist action upon it as before, a
 good many of the Democrats are in favor Of
 sitting it out and making question of physi-
 cal endurance. They believe it to be mat
 ter of sufficient importance to resort to that
 parliamentary device. If the Democrats at tend in their full strength they would have a
 quorum of their own and could pass the rule,
 but there would not seem to be any use of entering on the fight unless they have quo rum of Democrats present.
 The interstate commerce bill and appor- tionment bill are both regarded as of prime importance by the friends of these measures respectively, and they may be antagonized against the joint rule if the fight upon the latter is carried to too great length
 Judge Lawrence, First Comptroller of the Treasury department, has just rendered de- cision, in which he maintains:
 First-That when a national bank has passed into the hands of a receiver under the national banking law and dividends are de clared from it's assets by the Comptroller of the Currency in favor of the United States, as well as other creditors, the amount thereof must be covered. into the Treasury by such Comptroller and cannot be appropriated to any other purpose, either under an order of court or otherwise.
 Second-That the Comptroller of the Cur rency has no authority to allow or pay claim against the government in favor of the re- ceiver of national bank.
 Third-That section 5, 234 of the Revised Statutes dees not authorize any officer to compound or compromise a claim against the government, nor does it give authority to any court to make an order for such purpose.
 Fourth-Neither the United States nor any officer thereof can be made party in any court for such purpose.
 Fifth-Money or profit lawfully in the hands of executive officers of the government is not subject to judicial control, unless au- thorized by statute, nor can such officers be made amenable to judicial control or action by reason of such custody, or the disposition they may make thereof in good faith in pur- suance of authority given by law, notwith- standing they may err in judgment.
 S1xth-Money in the Treasury of the United States under color of authority as money of the government cannot be lawfully taken therefrom except in consequence of appropriations by law.
 This decision arose out of the case of the First National bank of New Orleans, which failed some years ago. There was due the government from the assets of the bank $65, ,OOO A counter claim was made, and it was suggested by the Comptroller of the Cur rency that this might be applied to offset the indebtedness of the bank. The case was referred to Judge Lawrence. The Gt65 000 oOlIecfod from fha hank has in of the above decision been turned into the Treasury.
 The action of the full Committee on Inter- oceanic Canal in ordering the subcommittee to strike out the subsidy in the report on the Eads ship railway scheme is considered as settling the fate of the Tehuantepec route, as MT. Eads cannot do anything without gov ernment aid. The fight is now between the Nicaraguan and Panama routes. The con- mittse will report favorably on the former route and perhaps throw no obstacle in the way of the Panama scheme.
 The subcommittee of the House Commit tee on Appropriations continued it's work yesterday upon the executive judicial and legislative bill, which will be ready for the full committee early next week. The post office appropriation bill, as reported to the House from the committee, appropriates $40, ,76O, 432, and is based upon esti- mates aggregating $42, 932. The bill shows an increase over last years appropria- tions of SIG, ,67O.12. The estimated postal revenue for 1882 is $3S S,845, 174, or $19, 152 5s less than required to make the Postoffice de- partment self sustaining. The amount ap- propriated for the star route service is ST. 875, GOO, which is an increase of $375 GOO over last years appropriation. It is believed an effort will be made in the House to still further increase this item.
 It is doubtful if Congress will be able to pass an apportionment bill this ses- sion. But thirty-two working days are left of the session and the funding bill must be passed and the electoral votes counted during that time There was long debate over the apportionment in 1872, the principal theme of which was the of colored voters in the South. If this subject was a prolific one then, it can hardly be said to be less so now.