Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1883-04-04

on the 4th inst. in order of their presenta-
tion. The total amount of bonds present
ed since the issue of the circular is only
$685., 200. The other bonds to be redeemed
are those held by the state of New York,
amounting to $2,265,50O which were sur
rendered for redemption with interest to
date. Payment was made several DAYS be-
fore the circular issued. The above men
toned facts are construed by officials of
the treasury department, as indicating that
the reported stringency of the money
market was more fictitious than real.
SUPREME COURT DE cIsIoNs.
A decision was also rendered by the
court to-day in the tax case of the Mem
phis Il Charleston Railroad company
against the United States, brought here
upon writ of error from the United States
circuit court for the western district of
| Tennessee. This was suit instituted by
United States to recover taxes alleged to
be due from the company under the rev.
enue acts of 1862, 1864 and 1866, on ac-
count of interest coupons and dividends
paid between July 1, 1862 and Jan. L,
1866. The Judgment of the circuit court
is reversed, and the cause remanded
for such further proceedings, not inconsis-
tent with the opinion of this court, as JUS
tice may require. The opinion is by Chief
Justice Waite.
A decision was also rendered to-day in
another important case affecting this same
railroad, vice the Memphis & Charleston
Railroad company, against the state of Al
ALBANIA, for the use of Jackson county
The decree of the circuit court is affirmed.
Opinion by Justice Gray.
Decisions were also rendered by the
court to-day in the Missouri bank cases. A
series of criminal suits were brought in the
name of the United States against some of
the officers and directors of the National
Bank of Missouri, for alleged fraudulent
misrepresentation of the funds of that insti-
tuition. The cases, which all come up on a
demurrer to the indictments, are as fol-
lows:
No. 4O6-United States, plaintiff. against
of division from the circuit
court of the United States
for the eastern district of Missouri. This
suit is founded on section 5,2O9, of the re-
vised statutes. The court holds that it was
necessary in all courts of Indictment which
charge fraudulent purchase of the stock
the association used in the purchase of
! stock, were misapplied for the use and
benefit of some person or company other
than the association. From this view IT
follows that thirty-six counts of the in
dictment must be held good. Counts
from thirty seven to scventy-six inclusive
are insufficient and bad. The first branch
of the first certified question
and second, seventh and ninth questions
are answered in the affirmative, and the
fifth, sixth and eighth questions in the
negative. Opinion by Justice Woods.
No. 407-The United States, plaintiff
against James II. Button, on certificate of
division. This is also suit based upon
section 5,209 of the revised statutes. The
| court holds that the offense charged might
be an act of maladministration on the
part of the defendant. 1t might show
neglect of official study, indiffer-
ence to the interests of the association, or
a breach of trust, and might subject the
defendant to the severest censure, and to
removal from Office, but to call it criminal
| misapplication by him of moneys and
funds of the association, would be to
stretch the words of this highly penal
statute beyond all reasonable limits. The
first, third and fourth questions are an
swered in the negative. No answer TO the
second question is necessary. Opinion by
Justice Woods.
No. 409-United States, plaintiff against
Jas. II. Button and Barton Bates, on GER
tifcate of division. This suit is based on
sections 5209 and $40 of revised statutes,
and embodies a charge of conspiracy to
defraud. The court holds that under this
Indictment the defendants are not liable to
the penalties provided by section 5209,
upon proof that they, as directors of the
bank, wilfully voted for a declaration of a
dividend, knowing there was no net
profits out of which to pay the
same, because it is not the offense with
which they are charged in the Indictment,
and as they are charged with conspiracy to
do an act which is not an offense,the court
| is of the opinion that no penalties could
be inflicted on them under the Indictment.
The first branch of the fifth question is
answered in the negative. No answer to
the other questions is necessary.
| No. 41O-The United States, plaintiff,
| against j. H. Button and Barton Bates.
On certificate of division the court holds
that the Indictment in this case is bad and
| that no good Indictment can be framed
upon the facts as they appear therein.
| Inc nrst ana third questlonS are answered
in the affirmative and the second and
fourth in the negative. Opinion by Justice
| Woods.
No. 411-The United States, plaintiff,
against j. H. Button and Barton Bates.
On certificate of division, the first and
third questions are answered in the mega
tive. No answer to the third question is
necessary. Opinion by Justice Woods. 81
The effect of the above decisions will, it
is thought, be to strengthen the defense in
all the cases, although thirty-six counts of
the Indictment against ]. H. Button, pres
ident of the bank, are held to be good in
case number 406. These thirty six counts
charge the defendant with making false
entries in the books of the bank with in
tent to deceive the comptroller, and to in
| iure and defraud the association.
| Men and boys fine clothing at the bankrupt
1 r1ls i