New-York tribune., 1901-01-12
PRICE THREE CENTS.
CLOSE OF TEST SUITS.
GRIGGS AND CARLISLE lIAKE,
FINAL ARGUMENTS.
THE EX-SECRETARY RESTS HIS CASE
AGAINST THE GOVERNMENT ON THE
DRED SCOTT DECISION. with
THE NEGRO LEFT OUT"
LBv TELEGRAPH TO THE rRrBuxE.I

LBY TELEGRAPH THE TRIBUNE.I
Washington. jan 11-JOhn G. Carlisle. con-
fessedly the greatest exponent of the Democratic
doctrine that tine Constitution follows the flag"
rested his case in the Supreme Court of the
United states to-day the celebrated Dred
Scott decision. with the negro eliminated"
Mr. Carlisle summarized the conclusions of q
two hours argument against the constitutional
ity of the Governments colonial policy in the
declaration that for his part he perfectly
willing for the Supreme Court. in passing
the tremendous issues involved in the great
legal battle which has been raging for month,
should follow the landmarks established by the
court in the Dred Scott decision. with the
negro left out sententiously added Mr.. Carlisle.
preceding Mr.. Carlisle's speech which closed
the argumentative stage of the battle, Attorney
General Griggs spoke for three-quarters of an
hour in extension of his argument which was cut
short yesterday by the adjournment of the court.
GREAT INTEREST MANIFESTED.
Throughout the session to-day the historic
chamber was packed as perhaps it never was
before. The space reserved for the bar was
crowded with lawyers of distinction and men,
bers of both houses of Congress. Half an hour
before the court opened a miscellaneous crowd
that stretched in both directions far down the
gloomy corridor Of the Capitol begged and
pleaded with the tacturn but firm bailiffs for
admission 10 the forum of what probably will
live In history the most gigantic struggle OF
the twentieth century in American jurispru-
dence- When packed like sardines in a box
the chamber holds only few hundred people
at most not over thOusand-and II is conserva-
lively estimated that fully five thousand first
and last tried to get in to witness the combat
between the greatest Democratic constitutional
lawyer and Attorney General Griggs. whose
management of the Governments case HIS given
him sure place in the front rank of the coun-
try's most learned and profound lawyers.
Not once in the three hours of intense strain
on the nerves Of the people in the crowded cham
Der did the marshal have to use his gaveI TO
command silence or order. While the Attorney
General and Mr. Carlisle were speaking a pin
could have been heard to drop the soft
peted floor. hushed and attentive were the
spectators. Though a chilling draft swept
through one side of the chamber from a venti-
lator that was left too far ajar by a janitor
not even the fear of pneumonia disturbed the
ardOr or the profound attention of the crowd.
The general intensity of interest seemed also
to have had an effect on the spirits of the JUS
tiees. who. but for two minor questions,
sat silent and sphinxlike all through the ordeal,
in contrast with the disposition they have here
tofore manifested to ply the counsel nercilessly
with sharp, pertinent and penetrating questions.
SPECULATION AS TO THE DECISION
Now that the last word has been spoken on
both sides in the insuIar test cases. speculation
to the decision of the Court is rife. This now
Is the subject OF discussion among all sorts and
conditions of in Washington The opinion
is universal that the Court will be divided. As
has been frequently stated in these dispatches,
it seems reasonably certain that Justices Harlan,
Brown. Brewer and White are against the con-
teution Of the Government, while Justices Gray,
McKenna and Shras are in sympathy with the
Government. The three questions asked
by Chief Justice Fuller have given salts
factory evidence of the bent of his mind. Justice
Peckham has put several questions to counsel on
both sides, but it can scarcely be said that in
so doing he has revealed the operations of his
mind.
While the weight Of opinion in this city
strongly leans to the confident view that the
Court will sustain the Government by bare
majority vote. nevertheless there are some well
informed Republican members of Congress who
seem to be convinced that the Government will
lose. For example. Representative Littleheld-
Of Maine, who has lOOmed into unusual prOmi-
nence for new member, after listening TO MIR.
CarlisIe's argument to-day. remarked TO Repre-
sentative Mccall. of Massachusetts, as they were
leaving the Supreme Court Chamber that Mr..
Carlisle had completely riddled the Governments
case.
AS 10 when the Court will render it's decision is
a matter of the widest speculation IL may pos
sibly deliberate only a few weeks, and then
again it may be three four months before a
decision is formed and announced There Is no
way to get at a satisfactory solution or this
question.