Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-04-01

the District III il IL, then the motion to
nash must be sustained. Colonel Ingersoll
th~l continued his argument to show that
the i.g spoken Of was still in force here.
C0loleI Ingersoll concluded his argument
alter speesing au hour and three-quarters.
lie was iof9wed by Chandler, who began by
assuming tha the government had attempted
to frame their indictment so az TO set forth
crime either undes common law or statute
law.
Colonel Bliss (inteIrupting) - Win you
inform us for whom yau appear, and to
what motion you are speaking?
Colonel Insersoil-Hear Rim and then
credit 1t to whichever you please. Laugh
ter.
With quiet response, Mr.. Chandler said ne
spoke to the Brady motion. Mr.. Chandler
then resume his argument, and insisted that
no crime or offense had been set under the
common law; that the common law mad not
taken coguiz lnce of our postal service or in
any way defined the crimes set up, and de-
MED the right of the prosecution TO ask the
court, sitting with common law jurisdiction,
ID pass upon a crime or offense which has
never been defined at common law. Dis
cussing the Indictment, Mr.. Chandler said
he supposed the injury 10 the United States
resides ia the la th-t this alleged expedi-
ton OF Routes was unnecessary, and that the
prosecution cannot establish fraud in the ex-
pedition unless it can be predicated upon
showing that it was not needed for the pub
lie good and sthe defense assert that it does
not lie in this court to determine or pass
upsa that question. By the law the
discretion was placed with the post
master general, aad when he had de-
cided that the expedition was nee
essary, this court could not go behind
that decision. The subject matter was not
within the jurisdiction of this court. Gen
eral Brady's acts were those of executive
function. Congress has the exclusive right
to legislate touching the postal laws, and if
Congress should decide upon certain post
routes, what right had any court to pro-
nounce upon that act and declare the route
Mr.. Chandler urged that
and multiplication of words
were not sufficient TO constitute an offense
which is not defined by law, and character
lied this indictment as one solely of adject-
ives. 1t seemed absurd that the court could
hold, or the jury be influenced into believing
that an ofense had been committed, when
the highest law-making power in the coun-
try, the Congress, had passed upon each and
every one of these contracts, and had apprO-
priated money to pay them.
At the conclusion of Mr.. Chambers argu-
ment the court adjourned until tomorrow.
Judge Shellabarger, for the defense, will
be heard tomorrow.
Minor Mention.
It is expected the debt statement to-mor-
row will show a reduction for March of about
s16,O00,000.
Senator Logan, whose condition shows
marked improvement over last night, in
tends to visit Hot Springs next week if the
present degree OF improvement is main
tanned.
The Senate Committee on Territories, by a
party vote of four Republicans against three
Democrats, decided to report back the bill
Tor the admission of Dakota, with renewed
for its passage.
The Senate Committee on Education and
Labor this morning heard arguments by Mr.
Powell, secretary OF the National Temper
ance Society, and Mrs. Foster, against Sena-
tor Logan's bill to apply the proceeds of the
whisky tax to public school purposes.