The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-01-08

been obtained by fraud and
pSJury, and directed that payment
OF the sixth insttllmsnt he withheld, la
tho oouTt below the petition II the Abru
company was dismissed, bus IN tho ease
OF John J. ksy writ NJ mAndAmns wa'
awarded, The court Va an eia6oratu
opinion by Justice Waite holds tia, the
purpose OF the treaty u the united Stat :
aud Mexico, was TO ascertain how
much was. dus from one government to tho
other, on account Of their demand % their
respective citizens, A belweea tho United
siates and Mexico ihe awards
are final and conclusive until
set aside agreement bslwesn the
two governments or otherwise, and Nsrioo
cannot uLder the treaty refuse 10 make
payments at the times agreed ON
Il required by the unlied Stalea,
but this she does now seek 10 do When sac
seeks Is the consent Of the United State. TO
her release from liabilities under the CON
yontion on account OF n particular
awards in disputes because OF alleged
| fraudulent character, the proof aud tho
support ofthe claim OF which the United
States were induced by claimants 10
furnish for the consideration Of olmmis-
sion. As 10 the right OF the United States
to irai with Mexico Tor
enterialns no d0ubt. Each
government which entered INTO the CON.
pact under which the award, were made
evidently relied on the honor aud good
faith OF Others Tor protection far rs pos
sible against frauds and imposiuors
by individual claimants, preaentatlon by
citizens Of fraudulent claims or false usti-
mory for reference 70 commission, which
wfs an imposition on his
own government, snd " that governments
nitorwaid discovered 10 bad ia this
way been made an instrument ct wrong
toward n friendly power, II would
be not only its right bat iis duty
10 repudiate the net and make Iepsrstion
NJ far as possible for tho Consequences OF
It's neglect. International arbitration
mrst always proceed on the hirh,Il princi'
ples OF national honor and Integrity.
No technical rnlo pleaded, rs applied IN
the courts, ought even to be allowed TO
stand la the way OF the nsiional power
TO do what is right under oil circumstances.
authorizes and requires the secretary OF
state to receive monies paid by
Mexico under the convention and dis trie'
tribute them among thu sew.
eral claimants, bat IL manliesis
n disposition on tbe part Of congress 10 on.
crosoh on the power OF the president aud
the senate TO conclude another treaty
claim, allowed by tho commits
honor OF tho United States demanded
II. Under these circumstances IN the
opinion OF the court II Is clearly within tho
discretion OF the president TO withdraw
all further payments to the
relator until diplomatic negotiations be
tween two governments on the
subject are finally. concluded
The discretion Of the executive
department OF the government cannot be
controlled by the Judiciary OF tho Uni;cd
States. Whom they assumed the response
biliiy Of presenting the claims OF their
citizens to Mexico for payment, they
entered into the contract or obhga-
lions with claimants 20 assume their
frauds and 10 collect on their account
sill that by imposition Of
false testimony might be given
on the award OF the commission. As be-
tween tho United States ana the
claimants the honesty ot tho claims was
an. honest inquiry for the purpose OF fair
d nling with the government, against
c aim had been msde. or coarse We
express no opinion on the merits
of the controversy between Ncylco and the
REALTORS. All we decide ia that
il was Within the discretion Of
the president to negotiate again
with Mexico in respect to claims, and 10
long AS the governments arc treating
on the question involved he may
properly withhold from the rolaiors
their shares OF moneys now in the hands
ot tie secretary OF state. This judgment in
the case OF the La Abra company
~ affirmed with coBts, and
in the case 81 Keys rtvers, d
with cost and tina case remaDisd with in
bLrucllons to diamiss the petilionp.
coHFiRMATIcSF.
Pos mas,ers.-Jamss 4. Craig, Paris
Texas; Elizabeth j. Cook, Arb .dtl phiS
Arkansas.
soMISAT,or.
j. A. Seward, consui-eer'ral Of tbt
Uui,ei States. Calcutta; United
Palermo. Bolivar; J. Pridgen, r.edras Ne
rrus; Oscar Melross q Minnesota
Lcitn; Y. II. Mason, Msrseillss
John Z. Vaiue OF Wisconsin
Cosnac; George Gifforl Basic; Michael IL
TuLel. Of Colorado; Weaver OF public mon
eys, Pueblo, Colorado; Thomas Wrong, o
X insas; Weaver OF public moneys
of Arkansas. register OF the land liice
DArdenelle, Arkansas; Il. IL. Allen, of Ohio
ludian agent, Blsckioot agency, Montsns
Circulars calling upon the recipients "a
9 alto hos much they eie ,ble o og'ribut,
tbNard tho Indians repuo lean clGlpaign
fund we're last we'b distributed through
tina po,ioiIica department. The matter
master general, VINO pronounced u viola
ton Of the lac, and began an iugeS,igi
II was found at the circulars had been
distributed through Cdptsin Walsh
who received them from u stranger
and wss ignorant Of ihsir clntefts. Hsy-
ing satisfied himself OF the innocence Of
the affair, the poslmssier.general dropped
the matter.
Representative Thwn,heud has oflers
Joint resolui ior, introduced by him, re-
questiug the prssiIent to invite this gov
e-rments o. all American nations cstgb.
s. cd on American customs un on, the oh.
set OF tnu union being to develop he interval
resources OF the American countries, fur
nish more extensive markets for the pro
duets of each. Toe commerce Of South
, America, Central America aud Mexico
l0wHshsDd says, amounts TO about 500,
600 COO annually. Their Imports are
mainly OF manufactured articles
amount TO over $500 10000 or thots
Great Britain and France furnish much
larger amount than the United States. The
originator OF the resolution 10 OF the opinion
that the United States ought 10 cantrol TIE
, most of the entirs commerce.
J. g. Courts, OF Tennessee, has been or
pointed clerk of the hoube committee OF
appropriations. :,
Ths senate committee on public lands
will report to the senate n bill to donate :
pert of the Fort Smith military reservation
to the city OF Fort Smith, Arkansas, Tor tt
support OF free hools.
Tho sub committee appointed 10 con
} siier ne forfeitures of land grants met
4 night and prepared bill to be repor ed tc
: the committee on public lands TO morrow
| The bill provides for tho forfeiture OF th'
!. land grants Of seven railroad companies
? aud covers 500 600 acres, The road' arr
! the Cur & Snip Island, Elvton Il Beard Z
Ruff. Savannah e Albany, Tuscaloosa anC