The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1884-03-14
mroarASr pRCrSsess.

Ne .. Q. ssprsms cssrt Declares csAr
saasutiousa the Reissue Of Lsgal-1tndeR
Neses OF lO7o-Kuklux 0aSsS Dispose4
e
WAsMNaroN, March IA decision was
rendered by the Supreme Court OF the
Unitsd States yesterday IN the long pending
legal-tender case Of Augustus D. Juiliard ~
Thoma3 8. 0Fsenman, brought here By o
writ Of error in the Circuit Court Of tho
United States for the Southern District OF
New York. The question presented By tho
case, Is stated by the court, Is:
.Whether tie notes Of the United States,
issued in . time of war under an act OF Com
gress deelsriag them e oe lsgaI tender n T.,
peace redeemed and paid for In gold coin at
the Treasury, aud then relssued under the act
of 1875. can, under the Ceestfsation OF the
The court ID unanimously Of the opinion
that the present case can not be disanS un9e3
and reported under the names Of "Legat
smith" as Wan; go; =, "RalE o,, Con- ,ss,:
and and Maryland We. railroad conpsny a
Wan, 1063 and all the Justices except justice
Field, who adheres to the views expressed N
the opinion that they were rightly decided.
ibs court hoIds, therefore, that Congress haoa
power to issue Obligations Of the United
such qualities as currency for the purchase Of
merchandise and the payment of debts in 10
cord with the usages Of sovereign Govern
borrowing money and issuing bills and notes
of the Government for money borrowed OF
impressing upon those bills or notes tho
of private debts, was a power universally
understood TO belong to sovereignty in
Europe and America at the time of the framing
United states This power Of making notes
of the United States legaLtender in payment
of private debts, being included In the power
rency, Is not defested or restricted BY tSe fscs
that It's exercise may affect the value of PR
vate contracts. Ii, upon just and fair inter
Ireta,ion OF the whole Constitution: par
vested In Congress, 1t is no constitutional OBJ
lection to the existence or 10 its exercise that
the property or contracts Of individuals may
be incidentally affected.
Congress the court says, in conclusion.
as the Legislature of sovereign Nation. Do.
ing expressly empowered by the Constitution
provide for the common defense and general
welfare of the United States, and to borrow
money on the credit Of the United States, and
to coin money and regulate the value thereof,
and of foreign coin, and being clearly author
lied, incidental to the exercise of these great
powers, to issue bills of credit to charter
-
.ional currency for the whole peo-
pie in the form of coinT reasury notes
and Nationalbank bills, and the power to
make the notes of the Government legal
tender In payment of private debts being one
of the powers belonging to the sovereigns In
other civilized Nations, and not expressly
we are irresistibly impeled to the conclusion
that the impressnR upon the Treasury notes
of sthc United States the quality of being a
legal tender In payment Of private debts is
plainly adapted to the execution of undoubt--
ed powers of Congress, and consistent with.
the letter and spirit of the Constitution,
and. therefore within the meaning OF that in
strument, necessary and proper for the carry
ing into execution of the powers vested By
the Constitution in the Government Of the.
United States. Such being our conclusion in.
the matter Of the law question, whether at any
particular time In war or poace the exigeney
mands on the resources of the Government,
or Of the inadequacy OF the supply of gold and
silver coin to furnish the currency needed for
uses OF the Government and of the people. that
1t is as matter of fact wise and eXpedient to.
resort 10 this means, is political question to
be determined by Congress, when ths ques-
ton of exisency shalt arise. and not judi
cial question, 10 be afteFward passed upon By
the courts 1t follows that the act of May 81.
1873, 10 constitutional and valid and that tho
Circuit Court rightly held that the tender in
Treasury notes ressued ard kept in circula-
ton under that act, was Q tender Of lawful
money, In payment of defendants debt to the
plaintiff. The judgment of the Circuit Court
Is affirmed. Opinion by Justice Gray, Justice
Field dissenting.
The Supreme Court has refused writ Of
habeas corpus in what are known as the
Kuklux cases of Northern Georgia. The
parties to the cases were tried and convict
ed last fall of intimidating voters just prior
to the election of . member of Congress.
Justice Miller. speaking for the court, holds
that the offenseS are provided for
In the revised statutes. The Government
must have the apower to protect the cleo
tons, on which its existence depends, from
violence and corruption. 1t can not be
doubted that Congress has the power to pro-
vide laws for the proper conduct Of the
elections of representatives. and because IL
has for years rsfrained from exercising
these powers they are now doubted, but
they are nevertheless vested in Congress by
The Constitution.