The New York herald., 1869-10-19
THE UNITED STATES SUPREME COURT

The Mckee Cotton Case-Decision for the
Government-Dean vs.. The Mayor, &C., of
Memphis-Decree of tho Circuit Court Re.
versed.
WASHINGTON, Oct. 1s, 1869.
No. I11-John Ii. Mckee VS.. The United states.-Ths
was claim for cotton and other property captured
at Alexandria La, by the naval force under Admiral
Porter engaged In the Red River expedition Ia the
spring OF 1854. The claimant was q citizen and
resident OF New Orleans, who traded beyond the
lines, under the permit OF Treasury agent and by
virtue OF license Of the military authorities then in
possession OF the country. The cotton, &C., were
purchased from Mr. Mckee, a distant relative OF
the claimant and an agent of the rebel Treasury
Department for the purchase and sale Of cotton The
cause was argued early IN the present session and
was now decided, Mr.. Jefferson DAVIS reading the
opinion OF the Court. The decision below against
the plaintiff afrmed, the Court holding that under
the acts Of Congress In operation at the time Of the
seizure any Treasury agent who issued a permit
authorizing trade with the enemy beyond the mill
tary lines did 30 without warrant OF law and the
permit was void that the duty OF the military was
under legal authority obtained from the proper
department OF the government and license or
permit obtained from that source to do anything
unlawful conferred authority whatever. 1t was
also held that the whole transaction was void and
in question, because it had been purchased for an
agent OF the rebel government. The appeal came
from the Circuit Court for the southern district OF
No. i5s-Tho Mayor &C., OF the City of Memphis
and tho Memphis Gayos0 Gas Company vs. Tnomp.
son Dean.-This Is an appeal from decree OF the
Circuit Court for the district o. west tennessee; n
Dean, a citizen OF the state OF New YORK, MED his
bill In the court to restrain the city OF Memphis RON
subscribing to the capital stock Of the Memphis
Gayoso Gas Company and to enIoin the litter com.
pany from manufacturing or scillng gas IN the CITY
OF Memphis. lie alleged that the Memphis Gas
Company, OF which he was large stock
tect its corporators by nstituting tho proper legal
proceedings aud claimed the right to sue In the
name OF The company for his own protection and
aral int Inn N allan
the complalnant's company to supply exclusively
the Corporation with gas FOR twenty years. and mad
for q consideration granted the company the eXclu
sive use OF the streets ior the purpose OF laying
ppes &C, that in face OF this contract 10 had by
RESOLUTION proposed TO submit TO the corporate vote
the question OF subscribing Tor $3.50 900 or the capt
ta stock OF the Gayoso Gas Company, u rival com.
pany, whose successful operation would greatly
reduce the value OF the complaiuant's interest.
The court below rendered decree In favor
Of the complainant: granting an Injunction to the
argued at the present session OF the court and was
now decided. Mr. Justice Neisoa delivered the
opinion The decree OF the Circuit Court Ii reversed
the Court holding nrst, that under the rules OF the
Clainant the same as other corporators, the com.
plalnant was estopped from suing in the name OF
, the company, and he therefore had no standing IN
court On the merit u Is held that there IL nothing
In the contract between Che city of Memphis and
the conlnlainants company that is Ia the least
violated by tine subscription to the STOCK OF lno
Gayoso Company; that all that the complainanys
company can claim OF the city OF Memphis u that the
city snail use the gas OF that company for the term o.
+, wears and price agreed upon; that the laying OIL
| pipes In the street by the company, and manuiac-
1 lure and SAFE OF gas by the new company W ,nt
people OF tho CITY, is not violation OF tno con'sac
1 and cannot he restrained. The case was ron~nded
| with directions to dismiss the bill.
No, I'll lortGiaall-The state of Voxas w. ocSre