The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-11-05
UNITED STATES SUPREME COURT.

Railroad Titles TO Lands in I0wn-Duties OF
Common Carriers the PIains-The Rec.
side Cases-The Government Pork Con-
tractors.
WASHINGTON, Nov. A, 1859.
No. ISL. fremont County, Io,ca, rs. The Buiiing-
ton ana Missouri Railroad Company. In Error to
the Supreme court or Io,ra.-ThIs was cbancery
sui, brought by fremont county quiet the title to
cc,snn lands within her borders the claim OF the
swamp Land Grant act Of 1850 and the 3l ne
act Of 1851 The railroad company claims title to
the same lands under the railroad grant OF May 8,
1856, and amendatory acts and certain acts OF the
Iowa General Assembly.
The Secretary Of the Interior. after q hearing OF
the parties sdjudged them to belong to the railroad
COMPANY and certified accordingly before the COM
mencement OF the suit but the State Court decreed
IN favor OF the county, and from nat decree writ OF
error Is taken to this court The case involves the
construction OF the several acts or Congress and of
the Iowa Legislature, rected, ana the question OF
the nnaity OF the decision OF the Interior Depart
ment; also the further Question OF the authority or
the State court to Interfere with that decision in
case 1t IL held erroneous. Tho railroad company
maintain that the decision is 1nai and II not that
the State courts are without jurisdiction to review H.
the county contends that where the decision OF the
Interior Department In such cases contravenes sub
stantia rights the courts OF the country open to
afford redress There must be some tribunal 10 de-
termine the question: and there ls no valid reason
Y.
The case was submitted on the printed arguments.
Messrs. Harvey, Ewing and Hal for fremont county;
No. 1872 Il r. Young q Sons, Pi9istsds l.. Error.
cs. William Martin IN Error TO the Suprente court
e. utah TsrrnorM-ln a July. 1885, the Overland
son, Kansas and agreed with the plaintiff in error
to transport them TO Salt Lake City. In May, 1863,
while the goods were In transit, another agreement
was entered into TO relieve the Overland Despatch
Company from the duty Of further carriage, in
which the owners stipulated to receive them free or
m n nat tn
rers, for the transportation OF certain other goods
lalso received at the same time at Atchlson bv tue
the terms OF the bin Of ladlns then delivered
by McwhIst q Go. to the overland Com
roS ne saG ess. me Of s o%ns Co.
The plaintiff in error received the goods from
Nc Whist 4 co. without paying freight and the Over
They also, by their agent at Denver waived the de-
livery agreed upon there and the goods were car
who delivered them to the defendant In error; and
the palntins refusing to pay the freight, the over
ana 70 sS paid freight tS the es
$4,72o So aud claimed lien on the goods retained
for freight on all goods carried. There was single
ture, the same point OF delivery, one consignor and
one consignee The plantns In error sued TO
Court of the TERRITORY was for the defendant'
sustaining the Hen claimed, the plsntins In error
sppeaa 70 ns Court 81 ns Territory and
taken TO the judgment Of dismissal, the plaintiff In
error Claiming that under the laws OF the Territory
Inc ss,nreme Court erred In That judgment
L. De woi. ior pialnlir In error; ]. y. Van Colt
for defendant. ~
NOS 1871 and 1873. United States rs Reesi5, ood pos
slde rs. The United states. Appeals J,,n the ca,,yt
ar Ciaipls,-These cases are iamn.ar from freanent
publication. laeS afs appeaIs. from the same iuSa.
me1t and ore really e2s ;ase, brought here Ia Two
command q the department q me West WIN
who claimed 20 be an expert In buying horses,
inspector of horses for that department. to
be responsible that every horse purchased
You will Be allowed us hall ccn oo
misston.r on the same day OF his appointment
Reside was directed TO 60 to Cincin-
natl and purchase 1900 horses for the sar-
vice at prices not over $3.50 per horse. Under
this appointment Reside purchased 6,017 horses,
which, by order OF General Fremont, were turned
over TO tue Quarternasters OF the department., by
whom vouchers were given TO the vendors and the
horses were put into the military service. The
agreement for commissions to be unauthorized and
void: hut nnding that Reside had rendered yalua-
BILE service the benefits OF which were accepted by
the government ne was given Judgment for
about four months. From this Judgment the gov
eminent Appeals, claiming that Heeside must 20 to
Congrees for COMPENSATION for his services; and
Reside appeals claiming that ne 10 entitled to his
commissions and expenses, which together amount
I. iyls Dickey, Assistant Attorney General, for
the United states. J. ID. Fuller, for Reside
Nos lso aud 1pb-United states cs. Speed
Dawes, and UNjtSd states ~ Robert F,ovds APP
psa on. The Spcy q 9sG 1nnsn n. oStODSr lsSa
General authorized Major biihonds, Of I.ouisvDe.
to bur hogs and enter into contracU ror daughter
ing and packing them, TO furnish porR for the army